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THE 


CHARTEE 


OF  THE 


CITY  OF  ST.  PAUL 


PUBLISHED  BY  AUTHORITY  OF  THE  COMMON  COUNCIL 


THE  PIONEER   COMPANY,    ST.   PAUli 
1914      ^ 


CHARTER 


OF  THE 


CITY  OF  ST.  PAUL 

AS  ADOPTED  IN  1900 
AND  AMENDED  IN  1904-1906-1908-1910-1912. 


CHAPTER  I. 

Name  and  City  and  Ward  Boundaries. 

Corporate  name — Powers — Limitations — Section  1.  All  the  district  of 
country  in  the  County  of  Ramsey  and  State  of  Minnesota  contained  within 
the  limits  and  boundaries  hereinafter  described  shall  be  a  city  by  the  name  of 
Saint  Paul  and  the  people  now  inhabiting,  and  those  who  shall  hereafter  in- 
habit, within  the  district  of  country  herein  described  shall  be  a  municipal 
corporation  by  the  name  of  the  "City  of  Saint  Paul,"  and  by  that  name  shall 
sue  and  be  sued;  complain  and  defend  in  any  court;  make  and  use  a  common 
seal  and  alter  it  at  pleasure;  and  take,  hold  and  purchase,  lease  and  convey 
such  real  and  personal  or  mixed  estate  as  the  purposes  of  the  corporation 
may  require,  within  or  without  the  limits  aforesaid;  shall  be  capable  of  ^con- 
tracting and  being  contracted  with;  and  in  addition  to  the  powers  herembe- 
fore  enumerated  shall  also  possess  the  powers  hereinafter  specifically  grant- 
ed; and  in  addition  thereto  shall  have  such  powers  possessed  by  municipal 
corporations  at  common  law  as  are  not  in  conflict  therewith  or  with  the 
general  statutes  of  the  State  of  Minnesota,  and  the  authorities  thereof  shall 
have  perpetual  succession. 

City  Boundaries. — Sec.  2.  The  district  of  country  aforesaid,  constitut- 
ing the  "  City  of  Saint  Paul,"  and  the  said  limits  and  boundaries  thereof  shall 
be  as  follows: 

Beginning  at  the  northeast  corner  of  section  twenty-three,  township 
twenty-nine  north,  range  twenty-two  west  (Sec.  23,  T.  29  N.,  R.  22  W.)  of  the 
Fourth  Principal  Meridian,  thence  west  seven  and  one-half  (75^)  miles  to  the 
northwest  corner  of  the  northeast  quarter  of  section  twenty-two,  township 
twenty-nine  north,  range  twenty-three  west  (N.  E.  ^  Sec.  22,  T.  29  N.,  R.  23 
W.);  thence  south  one-quarter  (J4)  mile  to  the  northeast  corner  of  the  south- 
east quarter  of  the  northwest  quarter  of  section  twenty-two  (S.  E.  %  N.  W. 
54  Sec.  22);  thence  west  one-half  (^)  mile  to  the  northwest  corner  of  the 
southwest  quarter  of  the  northwest  quarter  of  said  section  twenty-two  (S.  W. 
%  N.  W.  yi  Sec.  22);  thence  south  three-quarters  (^)  mile  to  the  northwest 
corner  of  section  twenty-seven  (27);  thence  west  one  (1)  mile  to  the  north- 
east corner  of  section  twenty-nine  (29);  thence  north  three-quarters  (^)  mile 


Or\fr>i  ry^»^ 


6>* ''  °* ":  ?  .  t  CHARTER  OF  CITY  OF  ST.  PAUL. 

to  the  northeast  corner  of  the  southeast  quarter  of  the  northeast  quarter  of 
section  twenty  (S.  E.  ^  N.  E.  M  Sec.  20);  thence  west  one  (1)  mile  to  the 
northwest  corner  of  the  southwest  quarter  of  the  northwest  quarter  of  said 
section  twenty  (S.  W.  ^  N.  W.  J4  Sec.  20);  thence  south  about  two  and  one- 
half  (2J^)  miles  along  the  township  line  to  the  center  of  the  westerly  channel 
of  the  Mississippi  river;  thence  southerly  along  said  channel  to  the  west  of  all 
islands  on  this  course,  about  three  (3)  miles,  to  the  mouth  of  Minnehaha  creek; 
thence  easterly  along  the  center  of  said  river  channel  and  south  of  Pike's  island 
to  the  easterly  end  thereof;  thence  northeasterly  along  the  middle  of  the  main 
channel  of  the  Mississippi  river  about  two  (2)  miles  to  the  north  line  of 
section  fourteen,  township  twenty-eight  north,  range  twenty-three  west  (Sec. 
14,  T.  28  N.,  R.  23  W.);  thence  east  about  one  and  five-eighths  (1^)  miles  to 
the  southeast  corner  of  the  southwest  quarter  of  section  seven,  township 
twenty-eight  north,  range  twenty-two  west  (S.  W.  ^  Sec.  7,  T.  28,  N.,  R.  22 
W.);  thence  north  one-quarter  (J4)  mile  to  the  southeast  corner  of  the  north- 
east quarter  of  the  southwest  quarter  of  section  seven  (N.  E.  ^  S.  W.  % 
Sec.  7);  thence  east  one-quarter  {Y^)  mile  to  the  southwest  corner  of  the 
northeast  quarter  of  the  southeast  quarter  of  said  section  seven  (N.  E.  54  S. 
E.  y^.  Sec.  7);  thence  south  one-quarter  (^)  mile  to  the  southwest  corner  of 
the  southeast  quarter  of  the  southeast  quarter  of  said  section  seven  (S.  E. 
54  S.  E.  ^  Sec.  7);  thence  east  about  two  (2)  miles  to  the  middle  of  the  main 
channel  of  the  Mississippi  river  thence  southeasterly  about  two  and  one-half 
(25^)  miles  along  the  middle  of  said  channel  to  the  south  line  of  said  section 
twenty-three,  township  twenty-eight  north,  range  twenty-two  west  (Sec.  23, 
T.  28  N.,  R.  22  W.);  thence  east  about  three-quarters  (^)  mile  to  the  south- 
east corner  of  said  section  twenty-three  (23);  thence  north  seven  (7)  miles  to 
the  point  of  beginning. 


CHARTER  OF  CITY  OF  ST.  PAUL. 


ADOPTED  MAY,  1912. 

To  Amend  the  Charter  of  the  City  of  St.  Paul  as  Adopted  in  A.  D. 
1900,  and  Amended  in  1904,  1906,  1908  and  1910. 

The  charter  of  the  City  of  St.  Paul  as  certified  by  the  Board  of  Free- 
holders to  Honorable  Andrew  R.  Kiefer,  Mayor  of  the  City  of  St.  Paul,  on 
the  14th  day  of  April,  A.  D.  1900  and  as  adopted  in  said  year  1900  and  as 
amended  in  the  years  1904,  1906,  1908  and  1910,  is  hereby  amended  by  striking 
out  all  that  portion  of  said  charter  following,  succeeding  or  subsequent  to  the 
last  line  of  section  2  of  said  charter,  and  by  striking  out  all  amendments 
heretofore  adopted  and  substituting  for  the  stricken  portion  of  said  charter 
and  amendments  the  following,  to-wit: 

Ward  Boundaries — Council  cannot  change. — Sec.  3.  The  said  City  of 
Saint  Paul  shall  be  and  is  hereby  divided  into  twelve  (12)  wards,  to  be  called 
the  First  (1st),  Second  (2nd),  Third  (3rd),  Fourth  (4th),  Fifth  (5th),  Sixth 
(6th),  Seventh  (7th),  Eighth  (8th),  Ninth  (9th),  Tenth  (10th),  Elexenth 
(11th),  and  Twelfth  (12th)  wards,  respectively,  limited  and  bounded  as  fol- 
lows: 

All  that  portion  of  said  city  lying  to  the  eastward  of  the  St.  Paul  &  Duluth 
railroad  track,  fro*m  the  northern  boundary  of  the  city  to  the  intersection  of 
said  track  with  Brook  street,  and  east  of  the  center  line  of  Brook  street  and 
Brook  street  extended  from  such  point  of  intersection  to  the  Mississippi 
river  and  east  of  the  Mississippi  river  from  said  Brook  street  produced  to  the 
south  boundary  line  of  the  city,  shall  be  the  Second  (2nd)  ward. 

All  that  portion  of  said  city  lying  south  of  the  center  line  of  the  Mis- 
sissippi river  shall  be  the  Sixth  (6th)  ward. 

Ihe  Twelfth  (12)  ward  shall  be  bounded  as  follows:  Commencing  at 
the  northeast  corner  of  Section  numbered  twenty-two  (22)  in  Township 
numbered  twenty-nine  (29),  Range  twenty-three  (23);  thence  running  south 
to  the  center  line  of  Carroll  street;  thence  east  on  the  center  line  of  Carroll 
street  to  the  center  line  of  Dale  street;  thence  north  on  the  center  line  of 
Dale  street  to  the  northerly  boundary  line  of  said  city;  thence  west  on  the 
northern  boundary  line  of  the  city  to  the  place  of  beginning. 

The  Eighth  (8th)  ward  shall  be  bounded  as  follows:  Commencing  where 
the  center  line  of  Dale  street  intersects  the  north  boundary  line  of  the  city; 
thence  southerly  along  the  center  line  of  Dale  street  to  the  center  line  of 
Carroll  street,  thence  east  along  the  center  line  of  Carroll  street  to  the  center 
line  of  Farrington  avenue;  thence  south  pn  the  center  line  of  Farrington 
avenue  to  the  center  line  of  Marshall  avenue;  thence  east  on  the  center  line 
of  Marshall  avenue  to  the  center  line  of  Louis  street;  thence  south  on  the 
center  line  of  Carroll  street  to  the  center  line  of  Nelson  avenue;  thence  east 
on  the  center  line  of  Nelson  avenue  to  the  center  line  of  Summit  avenue; 
thence  northeasterly  on  the  center  line  of  Summit  avenue  to  the  center  line 
of  Rice  street;  thence  northerly  along  the  center  line  of  Rice  street  to  the 
northern  boundary  of  the  city;  thence  west  along  the  northern  boundary  line 
of  the  city  to  the  place  of  beginning. 

The  Seventh  (7th)  ward  shall  be  bounded  as  follows:  Commencing  at 
a  point  of  intersection  of  center  line  of  West  Third  street  with  center  line 
of  College:  avenue;  thence  southwesterly  through  the  center  of  Blocks  num- 
bered respectively  sixty-four  (64)  and  seventy  (70)  of  Dayton  &  Irvine's  Addi- 
tion, to  the  centei  line  of  Irvine  avenue  at  its  point  of  intersection  with  center 
line  of  Walnut  street;  thence  southwesterly  along  center  line  of  Irvine  avenue 
to  the  center  line  of  Western  avenue;  thence  south  along  the  center  line  of 
Western  avenue  to  center  line  of  Pleasant  avenue;  thence  southeasterly  along 
center  lire  of  Pleasant  avenue  to  the  center  line  of  St.  Clair  street;  thence 
west  along  the  center  line  of  St.  Clair  street  and  St.  Clair  street  extended, 
in  a  straight  line  to  the  southwest  corner  of  the  Southwest  quarter  (%)  of 
Section  three  (3),  in  Township  numbered  twenty-eight  (28).  Range  twenuy- 
three  (23);  thence  north  in  a  straight  line  to  the  center  line  of  Marshall 
avenue;  thence  easterly  along  center  line  of  Marshall  avenue  to  center  line 
of  Lexington   avenue;    thence   north   along   center   line   of   Lexington   avenue 


8  CHARTER  OF  CITY  OF  ST.  PAUL. 

to  center  line  of  Carroll  street;  thence  easterly  along  southern  boundaries  of 
the  Twelfth  (12th)  ward  and  of  the  Eighth  (8th)  ward,  as  herein  described, 
to  center  line  of  Summit  avenue,  thence  southwesterly  along  center  line  of 
Summit  avenue  to  center  line  of  West  Third  Street;  thence  southeasterly 
along  center  line  of  West  Third  street  to  place  of  beginning. 

The  Fifth  (5th)  ward  shall  be  bounded  on  the  east  by  the  following  line: 
Commencing  at  the  intersection  of  the  center  line  of  West  Third  street  with 
the  center  line  of  College  avenue;  thence  southeasterly  along  center  line  of 
West  Third  street  to  center  line  of  Eagle  street;  thence  southeasterly  along 
center  line  of  Eagle  street  to  the  Mississippi  river;  on  the  north  by  the 
Seventh  (7th)  ward;  on  the  south  by  the  Mississippi  river;  and  on  the  west 
by  a  line  commencing  at  the  southwest  corner  of  Seventh  (7th)  ward,  as 
herein  described,  and  running  thence  south  to  the  Mississippi  river. 

The  Ninth  (9th)  ward  shall  be  bounded  as  follows:  On  the  north  by  the 
northern  boundary  of  the  city;  on  the  east  by  the  center  line  of  Mississippi 
street  and  Mississippi  street  extended  in  a  straight  line  to  the  northern 
boundary  of  the  city.  On  the  west  by  the  center  line  of  Rice  street,  and  on 
the  south  by  a  line  which  commences  at  a  point  of  intersection  of  center 
line  of  Rice  street  with  center  line  of  Summit  avenue,  and  runs  thence  north- 
easterly along  said  center  line  of  Summit  avenue  to  the  center  line  of  Wabasha 
street;  thence  northeasterly  along  center  line  of  Wabasha  street  to  center 
line  of  East  Summit  avenue;  thence  northeasterly  along  said  center  line  of 
East  Summit  avenue  to  center  line  of  Robert  street;  thence  northeasterly 
along  said  center  line  of  Robert  street  to  center  line  of  Thirteenth  (13th) 
street;  thence  northeasterly  along  said  center  line  of  Thirteenth  street  to 
center  line  of  Jackson  street;  thence  southeasterly  along  said  center  line  of 
Jackson  street  to  center  line  of  Grove  street;  thence  easterly  along  said  cen- 
ter line  of  Grove  street  to  its  point  of  intersection  with  the  center  line  of 
Broadway  and  Mississippi. 

The  Fourth  (4th)  ward  shall  be  bounded  as  follows:  On  the  east  by  the 
center  line  of  Jackson  street;  on  the  north  by  the  Eighth  (8th)  and  Ninth  (9th) 
wards;  on  the  west  by  Seventh  (7th)  and  Fifth  (5th)  wards,  and  on  the  south 
by  the  Mississippi  river. 

The  First  (1st)  ward  shall  be  bounded  as  follows:  On  the  north  by  the 
northern  boundary  of  the  city;  on  the  east  by  the  Second  (2nd)  ward;  on  the 
west  by  the  Ninth  (9th)  ward,  and  on  the  south  by  the  center  line  of  Grove 
street. 

The  Third  (3rd)  ward  shall  be  bounded  as  follows:  On  the  north  by  the 
First  (1st)  ward  and  Ninth  (9th)  ward;  on  the  east  by  the  Second  (2nd)  ward; 
on  the  south  by  the  Mississippi  river,  and  on  the  west  by  the  center  line  of 
Tsclcson  street 

The  Tenth  (10th)  ward  shall  be  all  that  portion  of  the  City  of  St.  Paul 
lying  west  of  the  Twelfth  ward,  as  herein  described,  and  north  of  the  center 
line  of  University  avenue. 

The  Eleventh  (11th)  ward  shall  be  all  that  portion  of  the  City  of  St.  Paul 
lying  west  of  the  Fifth  (5th)  Seventh  (7th)  and  Twelfth  (12th)  wards,  as 
herein  described,  and  south  of  the  center  line  of  University  avenue. 

The  Common  Council  shall  not  have  authority  to  change  the  boundary 
lines  of  said  wards,  but  may  prescribe  election  districts  therein. 


CHARTER  OF  CITY  OF  ST.  PAUL.  9 

CHAPTEE  II. 

Municipal  Elections. 

When  held. — Sec.  4.  A  general  municipal  election  shall  be  held  in  the 
City  of  St.  Paul  in  the  year  1914  on  the  first  Tuesday  in  May  and  biennially 
thereafter. 

Officers  elected — ^Term. — Sec.  5.  At  each  general  municipal  election  there 
shall  be  elected  a  mayor,  a  comptroller,  and  six  councilmen,  and  the  term 
of  office  of  each  of  such  officers  shall  be  two  years  beginning  with  the  first 
Tuesday  in  June  next  following  their  election,  and  until  their  respective  suc- 
cessors shall  have  been  elected  and  qualified. 

Special  law  officers. — Sec.  6.  All  other  officers  whose  office  is  or  may  be 
created  by  special  law,  and  whose  election  is  therein  provided  for  to  be  held 
at  general  municipal  elections  shall  be  nominated  and  elected  in  such  manner 
and  at  such  time  as  is  by  this  charter  provided,  but  no  other  provisions  of 
this  charter  shall  apply  to  such  office  or  officer. 
• 

Election  districts. — Sec.  7.  Election  districts  shall  be  formed  within  the 
respective  wards  by  the  common  council  pursuant  to  and  in  conformity  with 
the  laws  of  the  state. 

General  laws  applicable. — Sec.  8.  Except  as  hereinafter  otherwise  pro- 
vided, all  general  laws  of  the  State  of  Minnesota  relating  to  elections  and  the 
preliminaries  thereto,  shall,  in  so  far  as  practicable,  apply  to  and  govern  all 
general  and  special  elections  under  this  charter,  the  same  as  if  herein  specific- 
ally re-enacted. 

Canvass. — Sec.  9.  On  the  Thursday  next  succeeding  any  election  under 
this  charter,  the  common  council  shall  meet  and  proceed  to  canvass  the  re- 
turns thereof  and  declare  the  result  as  it  appears  from  such  returns,  and  the 
city  clerk  shall  forthwith  give  notice  to  the  officers  elected  by  their  respective 
elections. 

Nominations. — Sec.  10.  The  mode  of  nominating  all  elective  officers  of 
the  City  of  St.  Paul  to  be  voted  for  at  any  city  election  shall  be  as  follows 
and  not  otherwise; 

Condition  of  candidacy. — Sec.  11.  The  name  of  the  candidate  shall  be 
printed  upon  the  primary  ballot  when  a  petition  of  presentation  shall  have 
been  filed  in  his  behalf  in  the  manner  and  form  and  under  the  conditions  here- 
inafter set  forth. 

Form  of  presentation  petition. — SeC.  12.  The  petition  of  presentation  for 
any  office  shall  consist  of  not  less  than  fifty  individual  certificates,  the  blank 
forms  of  which  certificates  the  city  clerk  shall  provide,  and  which  shall  read 
substantially  as  follows: 

PETITION  OF  PRESENTATION. 
STATE  OF  MINNESOTA,  ) 

County  of  Ramsey,  >•  ss. 

City  of  St.  Paul.  ) 

Individual  Certificate 


Voting  District  No.  ,  Ward  No. 


I, ,  the  undersigned,  being  first  duly  sworn,  depose 

and  say  that  I  do  hereby  join  in  a  Petition  of  Presentation  of 

whose  residence  is  ,  St..  Paul,  for  the  office  of 

to  be  voted  for  at  the  city  election  to  be  held  in  the  City  of  St.  Paul  on  the 
day  of   19 ... .   and  I  further  certify  that  I  am  a 


10  CHARTER  OF  CITY  OF  ST.  PAUL. 

qualified  elector  of  such  city  and  that  I  have  not  signed  any  other  petition 
presenting  any  other  candidate  for  the  above  named  office,  except  where  there 
is  more  than  one  office  to  be  filled,  and  that  in  such  case  I  have  not  signed 
more  petitions  than  there  are  offices  or  places  to  be  filled  in  the  above  named 
office;  that  my  residence  is  at  No ,  St.  Paul,  and  that  my  occupa- 
tion is  and  my  place  of  business  is  at   


19. 


(Signed)    

Subscribed  and  sworn  to  before  me  this day  of, 


City  Clerk  (or  deputy.) 


The   petition    of   presentation    of   which    this    certificate    forms    a   part   if 

found  insufficient,  shall  be  returned  to   ,  No , 

St.  Paul,  Minn. 

Requirements  of  certificate. — Sec.  13.  Each  certificate  shall  be  a  separate 
paper,  of  uniform  size,  contain  the  name  of  but  one  signer,  the  name  of  but 
one  candidate  and  on  more,  shall  in  no  way  disclose  the  political*  party 
affiliations  of  either  the  candidate  or  signer,  and  shall  contain  the  name  and 
address  of  the  person  to  whom  the  same  shall  be  returned  in  the  event  of  the 
petition  having  been  found  insufficient.  Each  signer  shall  be  a  qualified 
elector  of  such  city,  resident  therein  for  a  period  of  thirty  (30)  days  prior  to 
the  signing  of  such  certificate,  shall  not  have  signed  any  other  certificate  for 
any  other  candidate  for  the  same  office,  except  where  there  are  several  places 
or  offices  of  the  same  nature  to  be  filled  and  shall  not  have  signed  more  cer- 
tificates for  such  offices  than  there  are  places  or  offices  to  be  filled,  and  shall 
verify  his  certificate  before  the  city  clerk  or  his  deputy. 

Presentation  and  examination  of  petition. — Sec.  14.  A  petition  of  pre- 
sentation shall  be  presented  to  the  city  clerk  not  less  than  thirty  (30)  days 
before  any  primary  election,  and  the  clerk  shall  endorse  thereon  the  time  of 
presentation.  Thereafter,  he  shall  forthwith  examine  the  same  and  ascertain 
whether  it  conforms  to  the  provisions  of  this  charter.  If  found  not  so  to 
conform,  he  shall  then  and  there  in  writing  which  he  shall  attach  to  said 
petition  fully  designate  the  defect  or  reason  why  such  petition  cannot  be  filed, 
and  shall  forthwith  return  such  petition  to  the  person  therein  named  to  re- 
ceive the  same.  The  petition  mav  then  be  amended  and  again  presented  to 
the  city  clerk  as  in  the  first  instance.  The  clerk  shall  thereupon  forthwith 
proceed  to  examine  the  amended  petition  as  hereinbefore  provided. 

Withdrawal  of  signature. — Sec.  15.  Any  signer  to  a  certificate  of  pre- 
sentation may  withdraw  his  name  from  the  same  by  filing  with  the  city  clerk 
a  verified  revocation  of  his  signature  not  later  than  three  days  before  the  last 
day  for  filing  said  petition,  and  thereafter  he  may  sign  a  petition  for  another 
candidate*  for  the  same  office,  provided  that  no  signer  of  a  presentation  petition 
may  be  permitted  to  withdraw  his  name  after  the  candidate  named  therein 
has  filed  his  acceptance. 

Acceptance  or  withdrawal  of  candidacy. — Sec.  16.  Any  person  presented 
as  a  candidate  shall,  not  later  than  twenty-one  (21)  days  before  the  primary 
election  for  which  he  is  presented,  file  with  the  city  clerk,  in  writing,  his 
acceptance  of  such  presentation,  otherwise  he  shall  be  deemed  to  have  with- 
drawn such  candidacy.  Said  acceptance  must  designate  the  office  for  which 
he  is  a  candidate,  refer  to  the  petition  by  the  names  of  some  of  the  signers 
thereof,  the  date  of  the  presentation  of  such  petition  and  shall  be  signed  by  the 
candidate  and  have  his  address  added  thereto.  It  may  contain  a  statement 
not  to  exceed  fifty  words  of  his  principles  or  policies  for  the  office  for  which 
he  is  a  candidate,  but  shall  in  no  way  disclose  his  political  party  affiliations. 

Filing  of  petition. — Sec.  17.  When  given  the  original  or  the  amended 
petition  of  presentation  is  found  sufficient  and  the  candidate  presented  has 
filed  his  acceptance  as  hereinbefore  provided,  the  city  clerk  shall  file  such 
petition   not  later  than   twenty   (20)   days   before   such   primary  election.     No 


CHARTER  OF  CITY  OF  ST.  PAUL.  11 

petition  of  presentation,  after  the  filing  thereof,  shall  be  withdrawn,  added  to, 
nor  any  signature  thereon  be  revoked.  Defective  petitions,  or  petitions  where 
no  acceptance  has  been  filed  remaining  in  the  hands  of  the  clerk  after  the 
time  for  filing  has  expired,  shall  be  marked  by  him,  "rejected." 

Preservation  of  petition. — Sec.  18.  The  city  clerk  shall  preserve,  for  a 
period  of  two  years,  all  petitions  of  presentation  and  all  certificates  belonging 
thereto,  and  after  the  general  election,  he  shall  record,  in  a  special  book  there- 
for, all  acceptances  of  persons  elected  to  office. 

Election  proclamation. — Sec.  19.  Not  later  than  twenty  (20)  days  before 
such  election,  the  city  clerk  shall  enter  the  names  of  the  candidates  in  a  list, 
certify  the  same  to  the  common  council  and  the  said  council  shall  forthwith 
cause  said  certified  list  and  the  offices  to  be  filled,  designating  whether  for 
a  full  or  unexpired  term,  to  be  published  together  with  a  proclamation  calling 
such  election,  at  least  twice  in  the  official  paper  of  said  city. 

Form  of  ballot. — Sec.  "20.  The  city  clerk  shall  cause  the  ballots  for  all 
elections  to  be  prepared  and  printed  as  by  law  and  this  charter  provided,  but 
no  such  ballot,  or  sample  ballot  whether  for  use  in  primary,  general  or  special 
municipal  election,  shall  contain  any  party  designation  or  marks. 

General  election  candidates. — Sec.  21.  The  two  candidates  for  mayor,  and 
the  two  candidates  for  comptroller  receiving  the  highest  and  the  next  highest 
number  of  votes  in  said  primary  election  for  the  respective  offices  for  which 
they  are  candidates;  and  the  twelve  candidates  for  the  council  receiving  the 
highest  twelve  numbers  of  votes  for  nominations  thereto,  shall  be  declared  the 
nominees  and  the  only  nominees  for  their  respective  offices  at  the  next  en- 
suing city  election,  and  their  names  and  only  their  names  shall  be  printed  as 
such  candidates  on  the  official  ballots  at  said  election. 

Election  informalties. — Sec.  22.  No  informalities  in  conducting  any  mu- 
nicipal election  shall  invalidate  the  same,  provided  it  has  been  conducted  fairly 
and  in  substantial  complance  with  the  law. and  the  provisions  of  this  charter. 

Election  regulations. — Sec.  23.  The  city  clerk,  at  least  fifteen  (15)  days 
before  the  holding  of  any  municipal  election,  shall  give  public  notice  of  the 
time  and  place  of  the  holding  of  such  election  and  the  hours  during  which  the 
polls  will  be  open  by  posting  in  three  public  places  in  every  election  district 
a  notice,  each  notice  containing  a  list  of  the  offices  to  be  filled  at  such  elec- 
tion. One  of  such  notices  shall  be  posted  at  the  place  of  holding  the  election. 
No  failure  of  the  city  clerk  to  give  or  post  such  notice  shall  invalidate  an 
election. 

Special  elections. — Sec.  24.  The  council  may,  by  resolution  adopted  by 
an  affirmative  vote  of  all  the  members  thereof,  order  a  special  election  and 
provide  for  the  holding  the  same.  The  purpose  of  such  special  election  shall 
be  clearly  stated  in  such  resolution,  and  no  other  matter  shall  be  submitted 
thereat  except  as  in  this  charter  otherwise  provided. 

Pluarality  vote-— Tie  vote. — Sec.  25.  In  all  municipal  elections  a  plurality 
of  votes  shall  constitute  an  election.  When  m  any  election  two  or  more  per- 
sons shall  receive  an  equal  number  of  votes  for  the  same  office,  the  election 
shall  be  determined  by  the  casting  of  lots  in  the  presence  of  the  council  at 
such  time  and  in  such  manner  as  it  shall  direct. 

New  election. — Sec.  26.  Should  there  be  a  failure  to  elect  any  officer 
elected  by  the  people  on  the  day  designated,  the  council  shall  order  a  special 
election  to  be  held  in  accordance  with  the  provisions  of  this  charter. 

Vacancies. — Sec.  27.  Whenever  a  vacancy  shall  occur  in  the  office  of  any 
officer  elected  by  the  people  such  vacancy  shall  be  filled  by  election  by  the 
council,  and  the  officer  thus  elected  shall  hold  office  until  the  next  general 
municipal  election. 

Any  officer  removing  from  the  city,  or  any  officer  who  shall  neglect  or 
refuse  for  ten  days  after  the  beginning  of  his  term,  or  notice  of  his  appoint- 
ment, if  appointed,  to  qualify  and  to  enter  upon  the  discharge  of  the  duties 


12  CHARTER  OF  CITY  OF  ST.  PAUL. 

of  "his  office,  shall  be  deemed  to  have  vacated  his  office,  and  the  council  shall 
proceed  to  fill  the  vacancy  as  herein  prescribed. 

Removal  from  office.— -Sec.  28.  Every  person  appointed  to  any  office  by 
the  mayor,  or  by  the  council  or  elected  to  office  by  the  people,  may  be  removed 
from  such  office  by  the  council  by  a  five-sevenths  affirmative  vote  of  all  the 
members  elected.  But  no  officer  elected  by  the  people  shall  be  removed  ex- 
cept for  cause  nor  until  such  person  shall  have  had  a  reasonable  opportunity 
to  be  heard  in  his  defense.  The  council  shall  have  the  power  to  fix  the  time 
and  place  of  the  trial  of  such  officer,  of  which  not  less  than  ten  (10)  days 
notice  shall  be  given,  and  to  compel  the  attendance  of  witnesses  and  the 
production  of  papers  at  such  trial,  aiid  to  hear  testimony  and  oath  to  deter- 
mine the  case.  If  such  officer  shall  neglect  to  appear  and  answer  such 
charges  the  council,  by  the  vote  aforesaid,  may  declare  the  office  vacant.  In 
such  cases,  the  council  shall  act  by  written  resolution  only,  and  said  resolution 
shall  contain  a  summary  of  the  charges  against  said  officer  and  the  reasons 
for  his  removal. 

Sec.  28-[a].  There  shall  also  be  elected  at  the  general  city  election  to  be 
held  on  the  first  Tuesday  in  May  in  the  year  1914,  and  at  the  general  city 
election  held  each  four  years  thereafter  two  judges  of  the  municipal  court  of 
said  city.  The  term  of  office  of  said  judges  shall  be  four  years  from  and 
after  the  first  Tuesday  of  June  next  succeeding  their  election,  and  until  their 
respective  successors  shall  have  been  elected  and  qualified.  They  shall  be 
nominated  and  elected  according  to  the  provisions  of  law  applying  thereto. 
There  shall  also  be  nominated  and  elected  according  to  the  provisions  of  law 
such  justices  of  the  peace  and  such  constables  as  are  by  law  provided,  and 
from  districts  and  in  such  manner  as  the  laws  direct. 


CHAPTER  III. 
Recall  Elections. 

Officers  recallable. — Sec.  28- [b].  Any  person  holding  an  elective  municipal 
office,  except  those  created  by  special  law,  may  be  removed  therefrom  by  re- 
call, as  hereinafter  provided. 

Per  cent  for  recall. — Sec.  29.  An  election  for  the  recall  of  any  officer 
elected  by  the  people  shall  be  held  whenever  a  petition,  signed  by  qualified 
electors  of  the  city  equal  in  number  not  less  than  twenty-five  (25)  per  cent 
of  the  total  vote  cast  for  the  office  of  mayor  at  the  last  preceding  general 
municipal  election,  demanding  the  removal  of  the  officer  therein  named  shall 
be  filed  with  the  city  clerk. 

Petition,  its  form. — Sec.  30.  Every  recall  petition  shall  state  the  name  of 
the  officer  sought  to  be  recalled,  the  office  which  he  holds,  and  briefly  the 
grounds  for  his  recall.  It  shall  be  addressed  to  the  council  and  may  consist 
of  one  or  several  papers,  but  each  paper  shall  repeat  the  words  of  the  petition 
at  the  head  thereof. 

Signatures. — Sec.  31.  Each  signer  to  such  petition  shall  have  been  a 
qualified  voter  at  the  last  general  election,  municipal  or  otherwise,  and  shall 
write  thereon,  in  ink,  his  name,  the  street  and  number  of  his  residence  at  the 
said  election,  the  ward  and  precinct  in  which  he  voted  at  such  time,  and  the 
street  and  number  of  this  present  residence. 

Each  separate  page  of  the  said  petition  shall  have  appended  thereto  a 
certificate  verified  by  oath,  that  each  signature  was  signed  by  the  person  so  pur- 
porting to  have  signed  the  same  in  the  presence  of  the  person  making  such  cer- 
tificate. 

Any  name  appearing  on  the  petition  not  complying  with  the  foregoing 
requirements  shall  be  stricken  therefrom  by  the  city  clerk  by  marking  opposite 
the  same,  "Stricken  by  the  City  Clerk,"  and  no  names  shall  be  counted  which 
have  not  been  verified  as  hereinbefore  provided. 


CHARTER  OF  CITY  OF  ST.  PAUL.  13 

Presentation  and  filing  petition. — Sec.  32.  Whenever  any  recall  petition 
shall  be  pr^esented  to  the  city  clerk  for  filing,  he  shall  note  on  each  page 
thereof  the  date  of  presentation,  and  shall  consecutively  number  each  page, 
and  shall  thereafter  forthwith  examine  the  same  as  to  its  sufficiency,  and 
if  so  found  he  shall  forthwith  file  the  same  in  his  office,  notify  the  officer 
sought  to  be  recalled  of  such  fact,  and  present  the  same  to  the  council,  at 
its  next  regular  or  special  meeting. 

Amending  petition. — Sec.  33.  Whenever  any  recall  petition  shall  be  found 
insufficient  of  defective  by  the  city  clerk,  he  shall  return  the  same  to  the 
person  or  persons  therein  named  to  receive  the  same,  together  with  a  state- 
ment in  writing  of  such  defects,  and  the  said  petition  may  be  amended  and 
presented  as  often  as  necessary  until  the  same  be  found  sufficient  and  be  filed. 

Officer's  resignation. — Sec.  34.  Any  officer  recalled  may  resign  from  such 
office  within  five  days  after  the  recall  petition  shall  have  been  filed  by  the 
city  clerk,  and  if  he  shall  not  so  resign  within  the  time  aforesaid  he  shall  be 
deemed  a  candidate  at  the  recall  election  hereinafter  provided,  and  his  name 
shall  be  placed  on  the  ballot  without  any  further  act  on  his  part. 

Recall  elections. — Sec.  35.  Within  ten  days  after  the  city  clerk  shall  have 
presented  the  recall  petition  by  him  duly  filed  to  the  council,  the  said  body 
shall  order  a  special  election  to  be  held  within  sixty  days  to  determine  whether 
the  officer  sought  to  be  recalled  shall  be  removed  and  his  successor  electedi 
at  the  same  time,  provided,  however,  that  in  case  any  general  election  shall 
occur  within  ninety  days  and  not  less  than  twenty-one  days  after  the  pre- 
sentation of  such  petition  to  it,  the  council  shall  postpone  such  recall  election 
to  such  time,  and  provide  that  the  question  of  such  removal  be  determined 
at  such  general  election. 

Election  call. — Sec.  36.  In  the  published  call  for  such  election,  there  shall 
be  printed  in  not  to  exceed  two  hundred  (200)  words  the  grounds  for  such 
recall,  and  in  not  to  exceed  the  same  number  of  words,  the  officer  sought 
to  be  recalled  may  justify  his  course  in  office. 

Other  candidates. — Sec.  37.  Other  candidates  for  such  office  may  be  nom- 
inated for  such  office  in  the  same  manner  as  is  by  this  charter  provided  for 
presentations  for  the  primary  election,  except,  however,  that  there  shall  be 
not  less  than  one  hundred  individual  certificates  to  a  petition  of  nomination, 
and  that  the  same  shall  be  presented  to  the  city  clerk  not  later  than  twenty- 
one  (21)  days  prior  to  such  election,  and  shall  be  filed  by  said  clerk  not  later 
than  twenty  (20)  days  prior  to  such  election. 

Incumbent  removed. — Sec.  38.  The  officer  sought  to  be  recalled  shall 
continue  in  office  until  the  canvass  of  the  returns  of  such  recall  election  by 
the  council,  and  if  he  fail  at  such  election  to  receive  the  highest  number  of 
votes,  he  shall  be  deemed  removed  from  office  and  the  candidate  at  such 
election  receiving  the  highest  number  of  vates  shall  be  deemed  his  successor 
in  office  for  the  unexpired  term  thereof.  Such  successful  candidate,  except 
the  recalled  officer,  shall  qualify  within  ten  days  therafter  or  the  said  office 
shall  be  deemed  vacant.  Said  recalled  officer  shall  yield  said  office  on  de- 
mand to  his  successor. 

Registration. — Sec.  39.  All  polling  places  shall  be  open  from  six  (6) 
o*cl9ck  in  the  morning  until  nine  (9)  o'clock  in  the  evening  on  the  day  of  the 
recall  election.  Voting  lists  at  each  recall  election  not  held  in  connection 
with  another  election  shall  be  those  prepared  for  the  last  preceding  election 
in  th  City  of  St.  Paul,  provided  that  on  the  day  of  the  recall  election  other- 
wise qualified  voters  not  already  registered  on  these  voting  lists,  so  as  to 
entitle  them  to  vote  at  said  election,  shall  be  permitted  to  register  as  at  a 
primary  election  and  to  vote,  and  it  is  hereby  made  the  duty  of  all  election 
officers  to  provide  for  such  supplementary  registration.  But  for  purposes  of 
such  registration  no  elector  shall  be  questioned  as  to  party  affiliations. 

General  laws  apply. — Sec.  40.  In  so  far  as  practicable  all  laws  and  pro- 
visions shall  apply  to  such  recall  election  and  the  preliminaries  thereto,  and 
where    inapplicable   or   impracticable    the    council    shall    by    ordinance   provide 


14  CHARTER  OF  CITY  OF  ST.  PAUL. 

such  other   and   further    regulation   consistent   herewith   as    may   be   necessary 
to  carry  out  the  provisions  of  this  chapter. 

Recall  limitations. — Sec.  41.  No  recall  petition  shall  be  filed  against  any 
officer  until  he  has  been  in  office  for  six  months,  and  none  within  six  months 
of  the  end  of  his  term. 

Penalty  for  removal. — Sec.  42.  No  person  who  has  been  removed  from 
office  by  recall,  or  has  resigned  from  office  after  the  filing  of  a  recall  petition, 
shall  be  appointed  to  any  office  under  this  charter  within  one  year  after  such 
removal  or  resignation. 


CHAPTER  IV. 

Boards  Abolished.  Charter  in  Effect;   Salaries,  Bonds,  Terms  of  Of- 
fice, Oath  of  Office,  Notice,  Failure  to  Qualify,  Incapaci- 
tated Police  and  Firemen.     Hours  of  Labor. 

Sec.  42-[a].  The  Board  of  School  Inspectors,  the  Board  of  Police,  the 
Public  Workhouse  Board,  the  Board  of  Park  Commissioners,  the  Board  of 
Library  Directors,  the  Board  of  Fire  Commissioners,  the  Board  of  Public 
Works,  the  Conference  Committee,  and  the  Auditorium  Board  are  hereby 
abolished  to  date  from  the  time  when  the  city  officers  elected  under  this  char- 
ter to  perform  the  respective  functions  of  these  boards  are  elected  and  have 
qualified,  and  said  abolished  boards  and  the  members  thereof  shall  turn  over 
to  said  city  officers  forthwith  on  demand,  all  books,  records,  property  and  all 
other  articles  and  things  in  their  possession  or  under  their  directions,  custody 
or  control,  belongings  to  the  City  of  St.  Paul,  or  any  of  its  departments  or 
officers.  Failure  to  comply  with  this  section  by  any  person  shall  constitute 
a  misdemeanor,  punishable  by  fine  or  imprisonment,  on  conviction  in  the 
Municipal  Court   or  other  court  of  record  in   Ramsey  county. 

Sec.  43.  In  so  far  as  may  be  practicable  this  amendment  shall  go  into 
effect  January  1,  1914,  and  all  city  elections  taking  place  subsequent  to  that 
date  shall  be  held  under  this  charter.  For  all  purposes  it  shall  take  full  effect 
upon  the  first  Monday  in  June,  A.  D.  1914,  and  all  officers  elected  under  this 
charter  shall  take  office  on  that  day. 

Sec.  43-[a].  All  contracts  and  obligations  of  whatsoever  kind  or  nature 
entered  into  by  the  City  of  St.  Paul,  or  by  any  person  or  persons  whatever 
in  its  behalf,  and  valid  and  binding  upon  said  city  under  the  charter  in  force 
at  that  time,  shall  be  equally  valid  and  binding  under  this  charter  as  amended. 
All  provisions  of  the  charter  to  which  this  amendment  applies  necessary  to 
supplement  the  amended  charter  until  officers  are  elected,  have  qualified  and 
been  assigned  their  duties  under  this  amendment,  shall  have  full  force  and 
effect  until  superseded  in  practice  by  the  city  governmeat  provided  for  in 
this  amendment. 

Terms  of  office  shall  terminate. — Sec.  44.  The  terms  of  office  of  all  officers 
of  the  City  of  St.  Paul  in  office  prior  to  the  first  Monday  in  June,  A.  D. 
1914,  unless  otherwise  provided  in  this  charter  shall  terminate  upon  said  first 
Monday  in  June,  at  12  o'clock  noon,  but  all  of  said  officers  shall  remain  in 
office  until  their  successors  have  been  elected  or  appointed  under  the  terms 
of  this  charter  and  shall  have  qualified.  Any  person  violating  this  section  shall 
be  guilty  of  a  misdemeanor. 

Salaries. — Sec.  45.  The  salaries  of  elective  officers  of  the  City  of  St.  Paul 
shall  be  paid  in  equal  monthly  installments  out  of  a  "City  Officers'  Salary 
Fund,"  which  is  hereby  established,  and   shall  be  as  follows: 

Mayor,  $5,000  per  annum;  Comptroller,  $5,000  per  annum;  Commissioner 
of  Finance,  $4,500  per  annum;  Commissioner  of  Public  Works,  $4,500  per  an- 
num;   Commissioner   of   Public    Safety,   $4,500   per    annum;    Commissioner   of 


CHARTER  OF  CITY  OF  ST.  PAUL.  15 

Education,  $4,500  per  annum;  Commissioner  of  Parks,  Playgrounds  and  Public 
Buildings,  $4,500  per  annum;  Commissioner  of  Public  Utilities,  $4,500;  pro- 
vided that  the  salaries  named  in  this  section  shall  be  full  remuneration  for 
^all  services  of  said  officers  to  the  City  of  St.  Paul  of  whatever  kind  and  char- 
acter, and  provided  further  that  all  of  said  officers  shall  devote  their  entire 
time  and  energies  to  the  service  of  said  city.  The  Corporation  Counsel  shall 
receive  an  annual  salary  of  $5,000;  the  City  Clerk,  $3,000;  the  Chief  of  Police, 
$4,000;  the  Chief  of  the  Fire  Department,  $4,000;  the  Chief  Health  Officer, 
$4,000;  the  Superintendent  of  Schools,  $5,000;  salaries  or  remuneration  of  all 
other  officers  and  employees,  not  fixed  in  this  charter,  shall  be  fixed  by  the 
council,  but  no  officer  employed  for  a  fixed  term,  or  serving  continuously  for 
more  than  a  year  shall  be  paid  a  salary  in  excess  of  $5,000  a  year. 

Compensation  of  officers  and  employes  not  fixed  by  charter. — Sec.  46. 
The  compensation  of  all  officers  and  employes  not  fixed  by  this  charter  or 
by  state  law  shall  be  fixed  by  ordinance  by  the  council,  passed  by  a  four- 
sevenths  affirmative  vote  of  all  members  elected  to  the  council.  The  council 
shall  have  no  power  to  change  the  compensation  of  any  officer  for  the  term 
for  which  he  was  elected  or  appointed,  nor  within  sixty  days  of  a  municipal 
election.  Such  compensation  shall  be  first  fixed  by  the  council,  first  elected 
under  this  charter  and  shall  take  effect  at  such  time  as  the  ordinance  so 
fixing  it  shall  provide. 

No  extra  compensation. — Sec.  47.  No  officer  or  employe  shall  receive 
from  the  City  of  St.  Paul,  or  the  County  of  Ramsey,  any  other  or  greater  sum 
than  the  salary  provided  for  in  or  pursuant  to  this  charter  in  any  manner 
for  services  performed;  and  such  salaries  shall  be  taken  as  including  com- 
pensation for  all  services  rendered  by  any  of  said  officers  or  employes  in 
any  other  office  or  employment  for  said  city  or  while  acting  in  any  other 
capacity,  or  upon  any  board  or  committee,  and  if  by  the  provisions  of  any 
law  or  ordinance  any  such  officer  shall  be  or  shall  become  entitled  to  receive 
any  other  compensation  or  fees  such  compensation  or  fees  shall  be  turned 
into  the  city  treasury  and  credited  to  the  general  fund. 

Oath  of  office. — Sec.  48.  Every  person  appointed  to  office  under  this 
charter  except  employes  paid  by  the  day  or  hour,  shall  before  he  enters  upon 
the  duties  of  his  office  take  and  subscribe  an  oath  of  office,  in  the  form  pre- 
scribed by  the  general  statutes  of  this  state,  and  file  the  same  with  the  comp- 
troller. 

Notice  by  City  Clerk. — Sec.  40.  Every  person  elected  or  appointed  to 
office  shall  as  soon  after  his  election  or  appointment  as  may  be,  be  notified 
by  the  City  Clerk  of  his  election  or  appointment,  and  as  to  the  requirements 
of  this  charter  respecting  oaths  of  office  and  official  bonds  pertaining  to  such 
office. 

Failure  to  qualify. — Sec.  50.  Any  person  elected  or  appointed  to  office 
under  this  charter,  who  shall  refuse,  fail  or  neglect  to  qualify  for  said  office 
within  ten  days  of  this  time  provided  for  in  this  charter,  or  if  no  specific 
time  provided,  shall  fail  to  qualify  within  ten  days,  of  said  notification,  shall 
forfeit  his  office  by  said  failure  and  said  office  shall  be  vacant  from  the  time 
of  said  failure  and  shall  be  filled  in  the  manner  of  filling  vacancies  due  to 
other  causes. 

Official  Bonds. — Sec.  51.  Each  of  the  following  named  officers  shall  fur- 
nish and  file  as  hereinafter  provided,  a  bond  to  the  City  of  St.  Paul,  for  the 
following  amounts: 

Commissioner  of  Finance,  $200,000;  Comptroller,  $50,000;  Purchasing 
Agent,  $50,000;  City  Clerk,  $5,000;  Mayor's  Secretary,  $5,000;  Superintendent 
of  the  Auditorium,  $5,000;-  Secretary  of  the  Water  Board,  $10,000;  Commis- 
sioner of  Public  Safety,  $10,000;  Commissioner  of  Education,  $10,000;  Com- 
missioner of  Public  Works,  $10,000;  Commissioner  of  Parks,  Playgrounds  and 
Public  Buildings,  $10,000;  Commissioner  of  Public  Utilities,  $10,000;  Super- 
intendent of  Parks,  $5,000;  Clerk  of  the  Municipal  Court,  $3,000;  First  As- 
sistant Clerk  of  the  Municipal  Court,  $1,000;  Justices  of  the  Peace,  $1,000 
each;  Constables,  $1,000  each. 


16  CHARTER  OF  CITY  OF  ST.  PAUL. 

Such  bonds  shall  be  drawn  or  approved  as  to  form  by  the  corporation 
counsel,  so  as  to  bind  said  officers  for  the  faithful  performance  of  their  re- 
spective duties.  The  council  shall  have  power  to  add  any  conditions  it  may 
see  fit  or  to  increase  any  of  said  bonds  where  thought  necessary,  not  exceeding 
fifty  per  cent,  or  to  require  reasonable  bonds  of  other  officers  or  employes. 
Said  bonds  shall  be  approved  by  the  council  and  filed  with  the  comptroller, 
except  that  the  comptroller's  bond  shall  be  filed  with  the  Commissioner  of 
Finance. 

Any  person  who  refuses  or  neglects  to  furnish  a  bond  as  herein  pro- 
vided shall  thereby  forfeit  his  office. 

The  bond  of  every  officer  shall  be  deemed  to  cover  the  acts  of  his  deputies 
and  subordinates  unless  the  council  shall  provide  that  said  deputies  or  sub- 
ordinates be  bonded  directly  to  the  City  of  St.  Paul.  The  council  may  pro- 
vide that  the  city  shall  pay  the  premium  on  all  surety  bonds  of  officers  or 
employes  running  to  the  City  of  St.  Paul.  Officers  may  require  for  their  own 
protection   reasonable  bonds  from   deputies  or   subordinates. 

All  official  bonds  to  the  City  of  St.  Paul  not  written  by  surety  companies 
qualified  under  the  laws  of  the  state  to  do  business  in  Minnesota  shall  be 
executed  by  two  sureties,  each  of  whom  must  qualify  under  oath  that  he  is 
the  owner  of  unincumbered  real  estate  of  value  at  least  equal  to  the  amount 
of  said  bond.    All  official  bonds  shall  be  executed  by  the  principal  therein. 

Incapacitated  firemen  or  police  officers. — Sec.  52.  All  firemen  or  police 
officers  injured  in  actual  service  and  thereby  rendered  incaapble  of  performing 
his  duty,  shall  receive  full  pay  during  the  period  of  incapacity  not  exceeding 
six  months,  and  if  incapacitated  for  a  further  period,  one-half  pay,  not  exceed- 
ing an  additionCal]  period  of  six  months.  Such  injured  fireman  or  police 
officer  shall  be  entitled  to  reinstatement  at  any  time  within  eighteen  months 
from  the  date  of  injury  or  incapacity,  if  physically  capable  of  resuming  his 
duties.  In  case  of  disability  through  injury  or  sickness  other  than  as  herein- 
before mentioned,  in  case  of  firemen,  such  firemen  shall,  notwithstanding  such 
sickness  or  injury,  receive  his  salary,  less  the  amount  paid  a  substitute,  if 
any  substitute  is  employed,  for  a  period  not  exceeding  twelve  months,  and 
he  shall  likewise  be  reinstated  within  any  time  within  eighteen  months  from 
the  date  of  such  sickness  or  injury  provided  he  is  physically  capable  of  resum- 
ing his  duties.  Any  temporary  advancement  caused  by  sickness  or  injury 
shall  not  work  an  increase  in  salary  of  the  person  so  advanced,  during  the 
time  of  disability  of  the  person  on  account  of  whose  disability  such  advance- 
ment was  made.  Before  any  payment  shall  be  made  as  aforesaid,  said  dis- 
ability shall  be  certified  to  by  the  city  physician  and  the  police  surgeon  and 
the  person  injured  or  disabled  shall  execute  a  release  discharging  the  City 
of  St.  Paul  from  all  claim  for  damages  on  account  of  said  injury  or  disability. 

Terms  of  office — Hours  of  labor. — ^Sec.  53.  The  terms  of  office  of  all 
officers  elected  under  this  charter  shall  be  two  years  and  until  their  successors 
are  elected  and  shall  have  qualified,  to  date  from  the  first  Monday  in  June, 
A.  D.  1914,  and  from  the  first  Monday  in  June  of  each  even  numbered  year 
thereafter,  provided  that  all  said  officers  shall  hold  office  subject  to  removal 
in  the  manner  provided  for  in  this  charter. 

All  persons  in  the  service  of  St.  Paul,  paid  salaries  in  monthly  install- 
ments, and  whose  terms  of  office  have  not  been  specifically  fixed,  shall  hold 
their  places  from  month  to  month  after  appointment  until  removed  under  the 
terms  of  this  charter.  Their  titles  and  general  duties  shall  be  fixed  by  the 
council  from  time  to  time.  Renumeration  of  persons  in  the  employ  of  the 
City  of  St.  Paul  shall  be  uniform  for  like  services  in  all  departments.  In 
all  city  employment,  eight  hours  shall  constitute  a  working  day,  and  except 
in  cases  of  emergency,  of  which  the  executive  head  of  the  department  declar- 
ing the  emergency  shall  be  sole  judge,  no  officer  or  employe  of  the  city, 
except  police  officers  and  firemen,  shall  be  required  to  work  more  than  eight 
hours  a  day.  No  officer  or  employe  of  the  city  shall  receive  extra  p^y  for 
extra  labor  or  work  done  in  an  emergency,  except  by  unanimous  action  of 
all  persons  elected  to  the  city  council,  approved  by  the  mayor  and  comp- 
troller. Whenever  any  department  head  shall  declare  an  emergency,  he  shall 
report  at  the  next  succeeding  meeting  of  the  council,  giving  in  detail  the  cir- 


CHARTER  OF  CITY  OF  ST.  PAUL.  17 

cumstances  creating  the  emergency,  and  his  report  shall  become  a  public 
record.  By  two-thirds  vote  the  council  may  direct  that  the  work-  of  the  de- 
partment proceed  on  a  normal  basis. 


CHAPTEE  V. 

Mayor,  qualifications,  duties. — Sec.  54.  The  mayor  of  the  City  of  St.  Paul 
shall  be  a  ciualified  elector  of  said  city.  He  shall  take  care  that  the  ordinances 
of  said  city  and  the  laws  of  the  State  of  Minnesota  are  duly  observed  and 
enforced  and  that  all  other  executive  and  administrative  officers  of  the  city 
discharge  their  respective  duties.  He  shall,  from  time  to  time,  give  to  the 
council  such  information  and  shall  recommend  such  measures  as  he  may  deem 
advantageous  to  the  ctiy. 

To  preside  at  council  meetings. — Sec.  55.  The  mayor  shall  preside  at  the 
meetings  of  the  council  and  shall  vote  on  all  business  before  that  body,  just 
as  shall  councilmen,  provided  that  when  the  question  before  the  council  is 
sustaining  the  mayor's  veto,  or  passing  any  ordinance  or  resolution  notwith- 
standing the  mayor's  veto,  or  upon  the  removal  from  office  of  any  persons 
on  charges  preferred  by  the  mayor,  then  the  mayor  shall  have  no  vote  thereon. 

Acting  mayor. — Sec.  56.  During  the  absence  of  the  mayor  from  the  city 
and  in  case  of  his  inability  or  failure  to  act  as  mayor  for  any  cause  whatever, 
the  vice-president  of  the  city  council  shall  be  acting  mayor. 

Mayor  to  assign  department  heads. — Sec.  57.  Immediately  upon  taking 
the  oath  of  office,  it  shall  be  the  duty  of  the  mayor  to  assign  one  member 
of  the  newly  elected  council  as  commissioner  of  public  safety,  one  member 
of  said  council  as  commissioner  of  education,  one  member  of  said  council  as 
commissioner  of  public  works,  one  member  of  said  council  as  commissioner 
of  parks,  playgrounds  and  public  buildings,  one  member  of  said  council  as 
commissioner  of  public  utilities  and  one  member  of  said  council  as  commis- 
sioner of  finance. 

Mayor  may  re-assign. — Sec.  58.  On  the  first  Monday  in  December  next 
after  taking  the  oath  of  office  the  mayor  may  re-assign  at  his  discretion  any 
member  of  the  council,  removing  him  from  the  head  of  one  administrative 
department  and  placing  him  at  the  head  of  any  other,  if,  in  the  judgment 
of  the  mayor  the  interests  of  said  city  may  be  served  thereby.  Each  council- 
man shall,  until  the  end  of  the  term  for  which  he  has  been  elected,  continue 
to  occupy  the  position  as  commissioner  which  he  occupies  the  first  Tuesday 
of  said  December. 

Mayor  to  file  charges — Removal. — Sec.  59.  When  in  his  judgment  any 
councilman,  as  councilman,  or  as  the  head  of  any  administrative  department, 
has  not  conducted  the  business  of  the  city  honestly,  faithfully  and  with  rea- 
sonable skill,  it  shall  be  the  duty  of  the  mayor  to  file  with  the  city  clerk 
charges  against  said  officer,  and  on  the  filing  of  said  charges  with  reasonable 
specifications  as  to  the  concrete  instances  of  dishonesty,  unfaithfulness  or 
incompetency  charged,  it  shall  be  the  duty  of  the  council  to  try  publicly 
the  truth  or  falsity  of  such  charges,  and  if  they  be  found  true  and  of  sufficient 
gravity  to  indicate  dishonesty,  unfaithfulness  or  incompetency  on  the  part  of 
the  accused,  the  council  shall  remove  said  accused  from  office.  At  the  trial 
of  said  charges  the  mayor  shall  not  sit  as  presiding  officer  or  as  a  member  of 
the  council,  nor  shall  the  accused  sit  as  a  'member,  nor  shall  either  be  per- 
mitted to  vote  on  the  question  of  removal.  Provided,  that  an  affirmative  vote 
of  two-thirds  of  all  the  members  elected  to  the  council  shall  be  required  to 
remove  any  elective  officer  from  office.  All  charges  and  proceedings  in  con- 
nection with  such  removal  shall  be  entered  in  the  journal  of  the  council  and 
become  a  permanent  public  record. 

Removing  non-elective  officers  and  employes. — Sec.  60.  When  in  the 
judgment   of   the    mayor,   any   officer    or   employe   appointed   under    the   pro- 


18  CHARTER  OF  CITY  OF  ST.  PAUL. 

visions  of  this  charter  is  not  performing  his  duties,  honestly,  faithfully  and 
efficiently,  the  mayor  shall  so  notify  the  officer  or  the  body  having  the  power 
of  appointing  said  officer  or  employe,  stating  the  facts  as  specifically  as  may 
be  and  shall  ask  said  appointing  officer  or  body  to  remove  said  officer  or 
employe.  If  said  officer  so  requested,  refuses  or  neglects  to  act,  then  the 
mayor  may  in  his  discretion  remove  said  offending  appointive  officer  or 
employe  by  an  order  in  writing  addressed  to  the  appointing  officer  or  body, 
and  containing  specific  reasons  for  the  removal.  Said  officer,  or  employe  so 
removed  may,  if  he  wishes  it,  have  power  to  reply  to  the  mayor's  charges 
and  may  before  so  replying,  demand  a  bill  of  particulars  which  the  mayor 
shall  furnish  as  fully  as  practicable,  and  such  charges,  such  letters  of  removal, 
such  statement  of  particulars  and  such  reply  shall  be  filed  with  the  city 
clerk  as  a  permanent  public  record  of  the  city.  Provided,  however,  that 
the  mayor  shall  not  have  power  to  remove  any  officer  or  employe  appointed 
by  the  comptroller. 

To  examine  securities. — Sec.  61.  It  shall  be  the  duty  of  the  mayor  and 
comptroller  at  least  once  in  each  three  months,  to  examine  all  the  securities 
in  the  city  treasury,  belonging  to  the  city,  including  those  securities  held 
for  the  sinking  fund,  and  upon  finding  all  such  securities  properly  6n  hand, 
to  make  out  and  file  in  the  office  of  the  comptroller  their  joint  certificates 
to  that  effect,  which  certificate  shall  specify  such  securities  in  detail. 

Committee  on  sinking  fund. — Sec.  62.  The  mayor,  comptroller  and  com- 
missioner of  finance  shall  be  a  committee  on  sinking  fund,  having  control 
thereof  in  the  manner  in  this  charter  provided. 

Mayor  a  member  of  the  Board  of  Equalization. — Sec.  63.  The  mayor 
shall  be  a  member  of  the  Board  of  Equalization. 

Mayor  to  sign  instruments. — Sec.  64.  The  mayor's  signature  shall  be 
required  on  all  deeds,  leases  and  other  instruments  executed  by  the  City  of 
St.   Paul,  for  the  conveyance  of  real  estate  or  any  interest  therein. 

Papers  served  on  mayor. — Sec.  65.  Whenever  any  suit,  action  or  pro- 
ceeding shall  be  brought  against  the  City  of  St.  Paul,  the  summons  or  pro- 
cess shall  be  served  on  the  mayor,  and  it  shall  be  the  duty  of  the  mayor 
forthwith  to  give  written  notice  thereof  to  the  corporation  attorney,  attach- 
ing thereto  the  summons  or  process  so  served. 

The  mayor's  salary. — Sec.  66.  The  mayor  of  the  City  of  St.  Paul  shall 
for  his  services  as  mayor,  draw  from  the  city  treasury  the  sum  of  $5,000 
each  year  of  his  term,  payable  in  equal  monthly  installments.  He  shall  have 
power  to  employ  a  secretary  who  shall  be  paid  by  said  city,  $2,000  a  year, 
payable  in  equal  monthly  installments,  and  shall  employ  such  other  clerical 
assistants  as  the  council  shall  by  ordinance  designate  at  his  request,  provided 
that  the  salaries  of  all  persons  regularly  employed  by  said  mayor  as  such 
clerical  assistants  shall  not  exceed  $5,000  in  any  one  calendar  year,  including 
the  salary  of  this  secretary. 

Other  duties  of  the  mayor. — Sec.  67.  The  mayor  shall  exercise  such  other 
powers  and  perform  such  other  duties  as  may  be  prescribed  by  state  law,  by 
this  charter,  or  by  any  ordinance  not  in  conflict  with  the  provisions  [of  this! 
charter. 

CHAPTER  VI. 

City  Comptroller. 

Shall  keep  controlling  accounts. — Sec.  68.  The  comptroller  shall  be  head 
of  the  accounting  department  of  the  City  of  St.  Paul.  He  shall  keep  con- 
trolling accounts  with  every  department  and  bureau  of  the  city  government, 
and  with  all  activities  whatever  owned  or  controlled  by  the  City  of  St.  Paul 
or  in  which  the  City  of  St.  Paul  has  any  pecuniary  interests. 


CHARTER  OF  CITY  OF  ST.  PAUL.  19 

To  prepare  forms. — Sec.  69.  From  time  to  time  the  comptroller  shall  pre- 
pare forms  of  accounts,  vouchers,  reports,  bills,  orders,  receipts,  checks  and 
other  necessary  forms,  to  be  used  by  the  several  city  departments,  bureaus 
or  activities  with  which  the  comptroller  keeps  accounts,  in  the  transaction 
of  all  such  parts  of  the  public  business  as  concerns  the  public  finances.  He 
shall  incorporate  said  forms  into  ordinances  which  shall  be  considered  and 
passed  by  the  council.  The  comptroller  shall  from  time  to  time  issue  the 
forms  herein  named  to  the  city  departments,  bureaus  and  activities  herein 
named  to.  be  used  in  the  parts  of  the  public  business  which  concern  public 
finances.  The  wilful  failure  or  refusal  by  any  city^  officer  or  employe  to  use 
any  such  form  in  the  transaction  of  the  business  for  which  the  same  was 
designed  to  be  used,  shall  be  deemed  wilful  misconduct  in  office  on  the  part 
of  such  officer,  and  sufficient  ground  for  his  removal  from  office.  Said  comp- 
troller shall  issue  all  financial  forms  which  shall  be  numbered  consecutively 
for  each  department  for  each  year  so  as  to  be  capable  of  identification,  and 
all  city  officers  to  which  they  are  issued  must  account  for  each  form  delivered 
to  him  at  such  times  as  the  comptroller  may  direct.  All  city  licenses  shall 
be  considered  financial  forms  within  the  meaning  of  this  section. 

Fiscal  year. — Sec.  70.  The  fiscal  year  in  all  departments  of  the  city  shall 
begin  January  1. 

System  of  accounts. — Sec.  71.  The  comptroller  shall  keep  regular  books 
of  account  in  which  shall  be  entered  all  indebtedness  of  the  city,  and  which 
at  all  times  show  the  precise  financial  condition  of  the  city;  the  amount  of 
bonds,  orders  or  other  evidences  of  indebtedness  lawfully  issued;  the  amount 
of  the  same  which  has  been  paid  and  the  amount  of  each  thereof  remaining 
outstanding.  He  shall  countersign  all  bonds  and  other  evidences  of  the  city's 
indebtedness  and  keep  an  extra  account  and  record  of  each  instrument, 
stating  to  whom  and  for  what  purpose  the  same  has  been  issued;  he  shall 
keep  accounts  with  all  the  receiving  and  disbursing  officers  of  the  city,  and 
all  departments,  bureaus  and  activities  mentioned  in  the  second  section  of 
this  chapter.  These  accounts  shall  show  the  amount  received  by  them  from 
each  of  the  various  sources  of  revenue  and  the  amount  which  they  have 
disbursed  under  resolution  or  ordinance  of  the  council,  or  other  legal  man- 
date. The  comptroller  shall  at  all  times  have  access  to  all  reports,  books, 
vouchers  and  accounts  in  each  and  all  of  the  departments,  bureaus  or  activities 
herein  above  mentioned,  and  it  shall  be  his  duty  frequently  to  inspect  the 
same  in  order  to  insure  tTie  keeping  of  the  same  properly  and  efficiently,  and 
in  the  mode  contemplated  by  the  law  by  this  charter.  The  comptroller  shall 
prescribe  and  issue  with  the  approval  by  ordinance  of  the  council  such  a 
system  of  controlling  accounts,  documents  and  reports  for  his  own  office, 
and  each  department  bureau  or  activity  of  the  city  government  as  shall  most 
effectively  keep  a  correct  record  of  the  business  of  the  city.  It  shall  be  the 
duty  of  the  comptroller  to  see  that  the  accounts  of  his  own  and  other  officers 
of  the  city  and  its  departments,  bureaus  and  activities  are  so  kept  that  they 
will  confirm  to  the  best  system  of  accounting  adopted  in  other  cities  of  the 
country  and  readily  admit  of  the  comparison  of  St.  Paul's  city  govefnment 
and  finances  with  those  of  such  other  cities. 

Shall  appoint  assistants. — Sec.  72.  The  comptroller  shall  appoint  at  a 
salary  not  exceeding  $2,500  a  year  to  be  fixed  by  the  comptroller,  an  examiner 
who  shall  be  a  skilled  accountant;  a  qualified  civil  engineer  of  five*  years' 
municipal  engineering  practice,  at  a  salary  not  to  exceed  $2,500  a  year  to  be 
fixed  by  the  comptroller;  a  deputy  comptroller  at  a  salary  not  exceeding  $2,000 
a  year  to  be  fixed  by  the  comptroller;  an  auditor  at  a  salary  of  $1,500  a  year 
and  a  bookkeeper  at  a  salary  of  $1,200  a  year,  together  with  such  other 
clerical  assistants  as  the  council  may  authorize  at  the  suggestion  of  the  comp- 
troller, and  at  salaries  to  be  fixed  by  the  council.  It  is  the  intent  of  this 
charter  that  the  comptroller  shall  have  sufficient  help  to  carry  out  the  duties 
prescribed  under  this  charter  and  it  is  the  duty  of  the  council  to  carry  out 
this  intent. 

Examination  of  the  departments. — Sec.  73.  It  shall  be  the  duty  of  the 
comptroller    to    make    an    exhaustive    examination    at   least    once    a    year,    into 


20  CHARTER  OF  CITY  OF  ST.  PAUL. 

the  accounts  and  methods  of  each  department  or  office  with  which  lie  keeps 
controlling  accounts  and  to  report  the  result  of  such  examinations  to  the 
city  council,  in  such  form  as  to  be  understoood  by  the  average  layman.  He 
shall  from  time  .to  time  compile  statistics  showing  in  summary  or  detailed 
form  as  his  judgment  may  dictate,  the  state  of  the  city  business.  Annually 
as  soon  as  practicable  after  January  1  of  each  year,  and  in  any  event  not 
later  than  March  1,  said  comptroller  shall  make  a  complete  report  upon  all 
the  business  of  the  city  for  the  last  previous  fiscal  year,  and  shall  present 
it  carefully  collated  and  indexed  to  the  council,  and  said  council  shall  cause 
it  to  be  printed  forthwith  in  an  edition  of  at  least  1,000  copies  which  shall  be 
distributed  to  the  public   free  of  charge  upon  application  to  the  comptroller. 

Monthly  statement.— Sec.  74.  Within  ten  days  after  the  end  of  each 
calendar  month  the  comptroller  shall  present  to  the  city  clerk  and  the  city 
clerk  shall  cause  to  be  printed  in  the  official  paper  of  the  city  a  condensed 
statement  of  all  receipts  and  disbursements  of  the  city  during  such  preceding 
month,  which  statement  shall  be  classified  under  the  various  budget  funds, 
and  shall  show  the  payments  from  said  funds  for  the  month  just  closed,  the 
total  payments  from  such  funds  from  the  first  of  the  fiscal  year  to  the  end 
of  said  month,  the  budget  allowance  for  said  fund  and  the  balance  at  the  end 
of  the  month. 

To  furnish  information. — Sec.  75.  It  shall  be  the  duty  of  the  comptroller 
upon  application  of  the  council  to  prepare  and  submit  to  the  council  in  proper 
form  any  information  dealing  with  the  financial  problems  of  the  city,  which 
said  council  may  desire  in  the  transaction  of  the  city's  business,  and  it  shall 
be  the  duty  of  all  city  officers  upon  request  to  make  any  reports  to  the  comp- 
troller which  he  may  desire  in  this  connection  and  to  aid  him  in  all  other 
ways  to  comply  with  the  request  of  the  council.  The  comptroller  and  his 
duly  authorized  agents  shall  have  access  at  all  times  to  any  and  all  work 
of  the  city  whether  completed  or  in  progress  and  to  all  property  of  the  city 
for  the  purpose  of  inspection. 

Ex-officio  civil  service  commissioner. — Sec.  76.  The  comptroller  shall  be 
ex-officio  civil  service  commissioner  and  shall  enforce  the  provisions  of  this 
charter  with  relation  thereto. 

Audit  claims  or  demands. — Sec.  77.  Every  claim  against  the  city  or  any 
department  bureau  or  activity  thereof  shall  before  allowance  by  the  council 
for  payment  be  audited  by  the  comptroller  who  shall  designate  in  his  report 
thereon  the  particular  fund  out  of  which  the  same  is  payable.  All  orders 
drawn  and  payments  made  for  service  rendered  to  the  city  or  any  of  its 
departments,  bureaus  or  activities  shall  be  made  to  the  person  who  has 
actually  rendered  the  service.  Before  any  order  on  the  city  treasury  shall  be 
signed  by  the  comptroller  or  countersigned  by  the  mayor  and  the  city  clerk 
for  payment  to  any  person  whatsoever  for  any  service  or  anything  rendered 
or  furnished  the  City  of  St.  Paul,  such  order  shall  designate  upon  its  face 
the  legislative  act,  the  section  thereof  or  the  chapter,  title  or  section  of  this 
charter,  or  the  resolution  or  ordinance  of  the  council,  giving  the  date  of  the 
passage  thereof,  under  authority  of  which  such  order  is  drawn. 

Payments  by  check — Receipts. — Sec.  78.  All  payments  from  the  city 
treasury  shall  be  by  check  upon  city  depositories,  under  such  system  of  war- 
rants and  vouchers  as  the  council  may  on  the  recommendation  of  the  comp- 
troller adopt.  For  all  moneys  paid  into  the  city  treasury,  the  city  treasury 
shall  issue  duplicate  receipts  under  such  a  system  that  these  receipts  must 
be  countersigned  in  the  comptroller's  office  before  they  are  valid,  and  one 
must  be  retained  there  as  a  permanent  record.  The  duplicate  rceeipt  shall 
be  handed  over  by  the  comptroller  to  the  person  who  makes  the  payments. 

Comptroller  to  check  treasury  each  day. — Sec.  79,  On  each  business  day 
after  the  close  of  receipts  and  payments  in  the  city  treasury,  the  comptroller 
shall  check  all  the  receipts  and  disbursements  of  such  day;  and  the  treasury 
shall  deliver  to  the  comptroller  all  evidences  of  the  payment  of  moneys  that 
have  come  to  its  possession  during  the  day;  the  same  after  adequate  can- 
cellation of  all  instruments  in  the  form  of  commercial  paper,  to  be  retained 


CHARTER  OF  CITY  OF  ST.  PAUL.  21 

as  part  of  the  records  of  the  comptroller's  office  until  destruction  of  the  same 
shall  have  been  authorized  by  the  council;  provided,  that  the  stubs  of  receipts 
issued  for  moneys  paid  into  the  treasury  may  be  retained  by  the  treasury 
where  duplicate  receipts  have  been  placed  in  the  hands  of  the  comptroller. 

Treasurer  to  report. — Sec.  80.  At  the  close  of  each  day's  business  the 
treasury  shall  make  to  the  comptroller  a  statement  showing  with  respect  to 
each  city  fund  the  amount  of  the  annual  appropriation  for  such  fund,  the 
amount  of  money  on  hand  to  its  credit  at  the  beginning  of  business  on  that 
day,  the  amount  of  receipts  to  its  credit  on  that  day,  the  amount  of  payments 
made  from  it  on  that  day. 

To  act  in  harmony. — Sec.  81.  The  business  hours  of  the  comptroller's 
offi.ce  and  the  city  treasury  shall  be  so  fixed  and  the  offices  shall  be  so 
arranged  as  to  permit  the  convenient  transaction  of  the  business  therein,  in 
the  mode  prescribed  in  accordance  with  the  provisions  of  this  charter.  In 
the  event  of  the  comptroller  and  treasurer  failing  to  agree  upon  such  arrange- 
ment, the  mayor  shall  make  an  order  arranging  proper  conditions. 

Custodian  of  documents. — Sec.  82.  The  comptroller  shall  be  custodian  of 
all  official  and  other  surety  bonds  relating  to  the  city's  business,  of  all  deeds, 
insurance  policies  and  other  contracts  and  agreements  except  as  may  other- 
wise be  provided  in  this  charter. 

To  take  up  evidence  of  indebtedness. — Sec.  83.  Upon  payment  to  the 
treasury  of  any  note,  order,  bond  or  coupon,  it  shall  require  the  surrender 
thereof  and  shall  take  the  same  into  its  possession  as  evidence  of  such  pay- 
ment The  comptroller  may  require  the  taking  by  the  treasury  of  such  other 
evidences  of  payment,  in  any  case,  as  he  may  deem  necessary  for  the  due 
protection  of  the  city  and  the  safe  or  convenient  transaction  of  its  financial 
business. 

To  complete  record. — Sec.  84.  The  comptroller  shall  at  all  times  keep  a 
full  and  complete  record  of  all  deeds,  bonds,  insurance  policies,  contracts, 
agreements,  and  other  instruments  of  a  similar  nature  in  his  custody  be- 
longing to  the  city,  or  any  department,  bureau  of  activity  thereof,  showing 
the  disposition,  if  any,  thereof;  and  also  a  complete  record  of  all  securities 
whatever  coming  into  the  hands  of  the  commissioner  of  finance,  showing  the 
disposition,  if  any,  thereof. 

Shall  be  member  of  the  sinking  fund  committee. — Sec.  85.  The  comp- 
troller shall  be  a  member  of  the  sinking  fund  committee.  With  the  mayor 
he  shall  from  time  to  time  examine  the  securities  in  the  hands  of  the  city 
treasurer  and  see  that  they  are  properly  and  safely  kept. 

Responsible  for  legality  of  contracts. — Sec.  86.  The  comptroller  shall 
refuse  to  countersign  any  contract  to  which  the  City  of  St.  Paul  is  a  party, 
unless  all  the  requirements  of  this  charter  and  the  laws  of  the  state  and  the 
ordinances  of  the  City  of  St.  Paul  have  been  complied  with,  but  advice  of  the 
city's  law  officer  that  the  contract  is  in  due  form  and  that  these  requirements 
have  been  complied  with  will  justify  the  comptroller  in  countersigning. 

Countersign  instruments. — Sec.  87.  The  comptroller  shall  countersign  all 
deeds,  leases  and  other  instruments  of  this  class  to  which  the  City  of  St.  Paul 
is  a  party  or  is  in  any  way  interested,  and  such  instruments  if  not  so  counter- 
signed shall  not  be  valid. 

Comptroller  of  all  departments. — Sec.  88.  The  comptroller  shall  be  comp- 
troller of  the  City  of  St.  Paul  and  of  all  the  departments,  bureaus,  or  activities 
under  the   control  of  said  city  or  in  which  the  city  is  in  any  way  interested. 

Fees  to  be  turned  in  daily. — Sec.  89.  Whenever  in  pursuance  of  law  or 
of  this  charter  any  officer  or  employe  of  the  City  of  St.  Paul  or  of  any  of  its 
departrnents,  bureaus  or  activities,  shall  be  charged  with  the  duty  of  collecting 
or  receiving  any  fees  or  other  moneys  for  the  use  of  said  city  or  department, 
bureau  or  activity,  he  shall  under  the  direction  of  the  comptroller,  keep  full 
and  accurate  accounts  and   records  of  all   such    fees   and  moneys   by  him  re- 


22  CHARTER  OF  CITY  OF  ST.  PAUL. 

ceived,  and  at  the  close  of  each  day's  business  pay  all  of  the  same  then  in 
his  hands  into  the  city  treasury  at  the  same  time  making  due  report  thereof 
to   the   comptroller  in  such  form  as  the  comptroller  may  prescribe. 

No  division  of  moneys.- — Sec.  90.  Save  as  may  be  otherwise  provided  in 
this  charter  no  moneys  levied,  collected  or  received  on  account  of  any  fund 
shall  be  diverted  by  the  council  or  by  any  other  person  to  the  use  of  any 
other  fund,  nor  shall  it  be  transferred  or  loaned. 

Clerks  to  be  certified. — Sec.  91.  Any  officer  of  the  city  or  any  depart- 
ment, bureau  or  activity  thereof  who  under  the  laws  or  under  the  provisions 
of  this  charter  is  entitled  to  any  sum  or  allowance  for  clerk  hire,  or  who  is 
entitled  to  any  clerk  or  assistant  in  the  performance  of  his  official  duty,  shall 
in  writing  certify  to  the  comptroller  and  to  the  mayor  the  name  of  such 
clerk  or  assistant,  the  date  of  his  appointment  and  the  amount  of  compensa- 
tion he  is  to  receive;  and  whenever  such  clerk  or  assistant  named  in  such 
certificate  ceases  to  act  as  such,  said  officer  shall  forthwith  certify  such  fact 
to  the  comptroller  and  to  the  mayor. 

Requests  for  appropriations  itemized. — Sec.  92.  Every  request  made  of 
the  council  for  authority  to  make  any  purchase  for  said  city,  or  for  any  de- 
partment bureau  or  activity  thereof,  or  otherwise  to  create  any  liability 
against  said  city  shall  save  as  otherwise  expressly  provided  in  this  charter, 
be  itemized. 

Shall  keep  inventories. — Sec.  93.  Said  comptroller  shall  keep  inventories 
of  the  property  belonging  to  the  City  of  St.  Paul  or  any  of  its  departments, 
bureaus  or  activities,  or  in  which  said  city  has  directly  or  indirectly  any 
interest,  and  he  may  require  any  officer  of  said  city,  bureau  or  department  to 
keep  like  inventories  of  the  property  under  his  control  and  report  copies 
thereof  on  demand  to  said  comptroller.  Said  comptroller  shall  keep  an  ac- 
count showing  in  complete,  comprehensive,  yet  clear  and  simple  form  the 
assets  and  liabilities  of  the  city  from  year  to  year. 

Method  of  auditing  claims  against  the  city. — Sec.  94.  On  recommendation 
of  said  comptroller  the  council  shall  by  ordinance  establish  a  system  for  the 
auditing  of  claims  against  said  city  which  shall  effectively  protect  said  city 
from   loss. 

Limitations. — Sec.  95.  No  claim  for  services  shall  be  allowed  unless  the 
person  rendering  such  service  has  his  name  enrolled  with  the  civil  service 
commission  as  in  the  employment  of  the  city  and  the  class,  grade,  rate  of 
compensation  and  department  in  which  employed  are  specified  on  said  roll, 
except  as  in  this  charter  otherwise  provided.  All  claims  for  services  by  the 
day  or  hour  must  be  supported  by  an  adequate  time  report  showing  services 
rendered.  Claims  for  supplies  for  emergency  repairs  must  be  certified  to  by 
the  purchasing  agent  setting  forth  facts  constituting  the  emergency.  No 
requisition  shall  be  certified  or  honored  by  any  city  officer  or  employe  unless 
it  shows  on  its  face  that  the  comptroller  has  certified  that  there  are  available 
funds  to  pay  for  the  thing  requisitioned.  No  claim  for  general  supplies  in 
bulk  in  anticipation  of  requisitions  therefor  shall  be  allowed  unless  such  sup- 
plies have  been  duly  delivered  to  the  city  and  duly  inspected.  Whenever 
supplies  are  bought  in  bulk  by  the  purchasing  agent  in  anticipation  of  requisi- 
tions therefor,  said  purchasing  agent  shall  make  such  report  as  the  comp- 
troller may  prescribe,  giving  all  details  as  to  prices;  amounts,  cost,  evidences 
of  delivery,  and  all  other  details  necessary  for  the  protection  of  the  city. 
When  satisfied  as  to  all  details  the  comptroller  shall  draw  a  proper  warrant 
covering  such  claims  as  have  been  satisfactorily  proved,  and  shall  apportion 
the  payments  to  the  several  departments  so  that  each  shall  pay  for  the  sup- 
plies actually  purchased  for  and  to  be  used  by  that  department.  Each  item 
shall  be  charged  to  the  appropriate  fund. 

Except  for  supplies  so  bought  in  bulk,  no  claim  for  supplies  shall  be 
allowed  unless  supported  by  a  requisition  approved  by  the  comptroller;  and 
unless  prices  thereof  are  certified  by  the  purchasing  agent  as  correct;  and 
unless  properly  inspected.  Where  purchases  are  made  under  contract,  claims 
for  payment  thereof  shall  not  be  allowed  unless  the  contract  has  in  all   re- 


CHARTER  OF  CITY  OF  ST.  PAUL.  23 

spects  been  complied  with.  All  contract  work  must  be  properly  inspected 
and  reported  upon  as  done  in  accordance  with  the  terms  of  the  contract, 
and  all  materials  as  complying  with  specifications;  must  be  approved  by  the 
department  for  which  it  has  been  performed;  must  have  been  covered  by 
the  bond  required  under  this  charter;  and  the  contractor  must  make  affidavit 
that  all  claims  for  services  and  material  used  in  connection  therewith  have 
been  paid  in  full  to  date,  before  any  claim  shall  be  allowed  or  paid  by  the 
city.  No  final  claim  or  estimate  on  any  contract  work  shall  be  paid  until  the 
contract  is  fully  completed  and  properly  accepted  by  the  proper  city  officers 
as  provided  for  in  this  charter. 

No  claim  for  extra  labor  or  material  shall  be  allowed  unless  the  cost 
thereof  has  been  fully  agreed  upon  by  the  department  for  which  the  labor 
or  material  is  furnished  and  the  contractor,  and  a  memorandum  of  said 
agreement  has  been  filed  with  the  comptroller  and  countersigned  by  him 
prior  to  the  furnishing  of  such  extra  labor  or  material. 

All  disbursements  expressly  required  by  the  laws  of  the  state,  or  to  main- 
tain the  credit  of  the  city  shall  be  allowed  subject  to  the  ruling  of  the 
corporation  counsel  as  to  their  legality.  All  disbursements  authorized  by  the 
council  from  moneys  under  the  direct  control  of  the  council,  may  be  allowed 
by  the  comptroller  on  receipt  of  such  authorization  and  subject  to  the  terms 
thereof. 

Board  of  Control  and  City  Hall  and  Court  House  Committee. — Sec.  96. 
The  limitations  in  the  last  preceding  sections  shall  not  apply  to  claims 
against  the  Board  of  Control  and  the  City  Hall  and  Court  House  Committee. 
On  recommendation  of  the  comptroller  the  council  may  provide  by  ordinance 
for  such  arrangement  as  said  comptroller  may  be  able  to  make,  and  which 
he  and  said  council  may  deem  desirable,  with  the  County  of  Ramsey  for 
monthly  or  semi-monthly  settlements  of  all  claims  against  the  city  for  the 
city's  share  of  the  expenses  of  the  Board  of  Control  and  the  City  Hall  and 
Court  House  Committee;  provided,  that  before  payment  all  such  claims  shall 
be  audited  by  the  comptroller  and  shall  be  supported  by  proper  evidence  of 
payment  on  the  part  of  the  county. 

Council  may  audit. — Sec.  97.  On  recommendation  of  the  mayor  the  coun- 
cil may  order  an  audit  of  the  accounts  of  any  department  by  a  competent 
certified  accountant  not  otherwise  in  the  employ  of  the  city. 

May  keep  cost  accounts. — Sec.  97a.  On  recommendation  of  the  comp- 
troller and  in  such  form  as  he  may  recommend,  the  council  shall  have  power 
to  establish  a  system  of  cost  accounting  for  all  departments,  bureaus  and 
activities  of  the  City  of  St.  Paul. 


CHAPTER  VII. 

•      The  Civil  Service. 

Bureau. — Sec.  98.  There  is  hereby  created  a  Bureau  of  Civil  Service  of 
which  the  comptroller  ex-officio  shall  be  the  Civil  Service  Commissioner. 

Commissioner's  powers. — Sec.  99.  The  Commissioner  shall  appoint  a  chief 
examiner  who  shall  be  in  the  classified  service,  and  such  clerks  and  sub- 
ordinates, if  any,  as  may  be  authorized  by  the  council,  which  shall  also  fix 
and  determine  the  compensation  of  the  chief  examiner,  clerks  and  subordinates. 

Classification.— Sec.  100.  The  civil  service  of  the  City  of  St.  Paul  is  hereby 
divided  into  two  classes,  namely:  The  Classified  Service  and  the  Unclassified 
Service.     The  Unclassified  Service  shall  comprise: 

A.  All  officers  elected  by  the  people. 

B.  All  heads  of  executive  departments. 

C.  A  secretary  for  the  mayor  and  one  deputy  for  the  head  of  each 
executive  department. 


24  CHARTER  OF  CITY  OF  ST.  PAUL. 

D.  The  superintendent  and  all  teachers,  instructors  and  principals  of  the 
public  schools. 

The  Classified  Service  shall  include  all  other  offices  now  existing,  and  all 
officers  and  employes  holding  places  not  excepted  from  said  service.  It  shall 
also  include  all  other  offices  which  may  hereafter  be  created,  unless  expressly 
excepted  therefrom. 

Promulgation  of  rules. — Sec.  101.  The  Commissioner  is  hereby  author- 
ized and  empowered  to  frame  and  submit  to  the  council  for  its  approval, 
rules  and  regulations  for  the  Classified  Service,  and  such  approval  shall  be 
given  by  an  ordinance  which  shall  set  out  in  full  such  rules.  Such  ordinance 
need  not  be  published  in  the  official  paper,  but  may  be  printed  in  pamphlet 
form.  When  so  approved  such  rules  shall  have  the  force  and  efifect  of  law. 
Such  rules  and  regulations  may  be  amended  or  repealed  with  the  consent  of 
the  council  in  the  same  manner  as  provided  for  original  adoption. 

The  Commissioner  shall  keep  a  record  of  all  orders  and  of  all  examina- 
tions held  pursuant  to  the  provisions  hereof,  and  shall  make  suitable  and 
proper  investigations  concerning  the  enforcement  and  efifect  of  this  charter 
and  of  the  rules  provided  for  herein.  He  shall  report  to  the  mayor  at  least 
once  each  year,  and  as  much  oftener  as  he  may  require. 

The   rules   herein  provided  shall  provide   amongst  other   things: 

A.  For   the  proper   classification    of,  all   offices   in   the   Classified   Service. 

B.  For  open  competitive  examinations  to  test  the  relative  fitness  of  all 
applicants  for  such  positions. 

C.  That  public  notice  be  given  of  all  such  examinations  at  least  ten  days 
in  advance  thereof,  in  at  least  one  newspaper  of  general  circulation,  and  also 
by  posting  such  notice  in  the  Court  House  and  City  Hall. 

D.  For  the  creation  of  eligible  lists  upon  which  shall  be  entered  the 
names  of  successful  candidates  in  the  order  of  their  rating  in  the  examinations. 
Such  lists  shall,  however,  not  remain  in  force  more  than  two  years. 

E.  For  the  rejection  of  otherwise  eligible  candidates  who  fail  to  comply 
with  the  reasonable  requirements  of  the  Commissioner  in  regard  to  age,  resi- 
dence, sex,  physical  condition,  or  who  have  been  guilty  of  crime  or  of  infamous 
or  disgraceful  conduct,  or  who  have  attempted  any  deception  or  fraud  in  con- 
nection with   an  examination. 

F.  For  the  appointment,  to  fill  a  vacancy,  of  one  of  three  persons  who 
are  rated  highest  on  the  appropriate  list. 

G.  For  a  period  of  probation  not  to  exceed  six  months  after  any  appoint- 
ment or  promotion  is  made,  during  which  period  such  probationer  may  be 
discharged  or  reduced  with  the  consent  of  the  Commissioner. 

H.  For  temporary  employment  without  examination  with  the  consent 
of  the  Commissioner  in  cases  of  emergency  and  pending  appointment  from 
an  eligible  list.  But  no  such  te-mporary  employment  shall  continue  longer 
than  sixty  days  nor  shall  successive  temporary  employments  of  the  same 
person  be  allowed. 

I.  For  transfers  from  any  position  to  a  similar  position  in  the  same  class 
and  grade  and  also  for  reinstatement  within  one  year  of  persons  who  without 
fault  or  delinquency  on  their  part  are  separated  from  the  service  or  reduced. 

J.  For  promotion  based  on  competitive  examination  and  upon  a  record 
of  efficiency,  character,  conduct  and  seniority.  Lists  shall  be  prepared  and 
kept  and  promotions  made  therefrom  in  the  same  manner  as  provided  herein 
for  original  appointments.  Any  advancement  in  rank  or  any  increase  in 
salary  beyond  the  limit  fixed  by  the  rules  shall  constitute  a  promotion. 
Whenever  practicable  vacancies  shall  be  filled  by  promotion. 

K.  tor  suspensions  for  not  longer  than  thirty  days,  and  for  leaves  of 
absence. 

L.  For  discharge  or  reduction  either  in  rank  or  compensation  after 
appointment  or  promotion  only  when  the  person  to  be  discharged  or  reduced 
has  been  presented  with  the  reasons  for  such  discharge  or  reduction,  specific- 
ally stated  in  writing  and  has  been  allowed  a  reasonable  time  to  reply  thereto 
in  writing.  The  reasons  and  the  reply  must  be  filed  as  a  public  record  with 
the  Commissioner. 

M.  For  the  appointment  of  the  unskilled  laborers  in  the  order  of  priority 
of  application  after  such  tests  of  fitness  as  the  Commissioner  may  prescribe. 


CHARTER  OF  CITY  OF  ST.  PAUL.  25 

Exceptions  to  rules. — Sec.  102.  In  case  of  a  vacancy  in  any  office  which 
requires  peculiar  or  exceptional  qualifications  of  a  scientific,  professional  or 
expert  character,  and  upon  satisfactory  evidence  that  competition  is  imprac- 
ticable and  that  the  office  can  best  be  filled  by  the  selection  of  some  desig- 
nated person  of  recognized  attainments,  the  Commissioner  may,  with  the 
written  consent  of  the  mayor,  suspend  competition,  but  no  such  suspension 
shall  be  general  in  its  application  to  such  office  and  all  such  cases  of  sus- 
pension shall  be  reported,  together  with  the  reasons  therefor,  in  the  annual 
reports  of  the  Commissioner. 

Examinations. — Sec.  103.  All  examinations  shall  be  impartial  and  shall 
have  reference  to  the  duties  and  requirements  of  the  office  or  position  to  be 
filled.  When  oral  tests  are  employed,  a  complete  record  of  questions  and 
answers  shall  be  made.  Examinations  shall  be  in  charge  of  the  chief  examiner, 
except  when  the  Commissioner  shall  act  as  examiner.  The  Commissioner 
may  call  on  other  persons  to  conduct,  or  mark  examinations  and  when  such 
persons  are  connected  with  the  city  service  it  shall  be  deemed  a  part  of  their 
official  duty  to  act  as  such  examiners  without  extra  compensation. 

Present  incumbents. — Sec.  104.  All  persons  holding  positions  in  the 
Classified  Service  of  the  city  as  established  by  this  charter,  at  the  time  it 
takes  effect,  shall  retain  their  positions  until  discharged,  reduced,  promoted 
or  transferred  in  accordance  therewith.  The  Commissioner  shall  keep  as  a 
public  record  a  civil  list  of  all  persons  in  the  service  of  the  city,  which  shall 
show  the  name  of  every  officer  or  employe,  the  office  or  service,  position 
held,  the  date  and  character  of  every  appointment  and  of  every  subsequent 
promotion,  and  reduction,  and  every  change  in  salary  or  otherwise.  Each 
appointing  officer  shall  promptly  transmit  to  the  Commissioner  all  informa- 
tion required  for  the  establishment  of  said  civil  list. 

Prohibitions. — Sec.  105.  No  treasurer  or  other  public  disbursing  officer 
of  the  city  shall  pay  any  salary  or  compensation  for  service  to  any  person 
holding  a  position  in  the  Classified  Service  unless  the  payroll  or  account  for 
such  salary  or  compensation  shall  "bear  the  certificate  of  the  Commissioner 
that  the  persons  named  therein  have  been  appointed  or  employed  and  are 
performing  service  in  accordance  with  the  provisions  of  this  chapter  and  of 
the  rules  established  thereunder.  Any  taxpayer  of  the  city  may  institute  and 
maintain  an  action  in  the  District  Court  to  recover  for  the  use  of  the  city 
any  sum  or  sums  paid  or  disbursed  contrary  to  the  provisions  of  this  section 
from  the  person  or  persons  authorizing  such  payment,  and  may  likewise 
institute  and  maintain  an  action  to  enjoin  the  Commissioner  from  attaching 
his  certificate  to  a  paj^roll  or  account  for  services  rendered  in  violation  of 
the  provisions  of  this  chapter  or  of  the  rules  established  thereunder. 

Investigations. — Sec.  106.  In  any  investigation  conducted  by  the  Com- 
missioner he  shall  have  the  power  to  compel  the  attendance  of  witnesses  and 
the  production  of  books  and  papers  pertinent  to  the  investigation  and  shall 
likewise  have  power  to  administer  oaths  to  such  witnesses. 

Political  beliefs. — Sec.  107.  No  person  in  the  classified  service,  or  seeking 
admission  thereto,  shall  be  appointed,  reduced  or  removed  or  in  any  way 
favored  or  discriminated  against  because  of  his  political  opinions  or  affilia- 
tions. 

Political  activity. — Sec.  108.  No  officer  or  employe  of  the  city  shall, 
directly  or  indirectly,  solicit  or  receive  or  be  in  any  manner  concerned  in 
soliciting  or  receiving  assessment,  subscription  or  contribution  for  any 
political  party  or  political  purpose  whatsoever.  No  person  shall,  orally  or 
by  letter,  solicit  or  be  in  any  manner  concerned  in  soliciting  any  assessment, 
subscription  or  contribution  from  any  person  holding  a  position  in  the  Clas- 
sified Service  for  any  political  party  or  purpose  whatever. 

Violations. — Sec.  109.  Any  person  violating  any  of  the  foregoing  pro- 
visions or  the  rules  established  thereunder  shall  be  guilty  of  a  misdemeanor. 

Officers  to  be  voters. — Sec.  109-a.  All  elective  officers  of  the  City  of  St. 
Paul   shall  be   qualified  voters    of  said  city   at  the  time   of  their   election   and 


26  CHARTER  OF  CITY  OF  ST.  PAUL. 

qualification  for  office.  All  male  appointive  officers  shall  be  qualified  voters 
at  the  City  of  St.  Paul  at  the  time  of  their  election,  appointment  and  qualifica- 
tion, except  that  by  unanimous  action  of  the  council  to  fill  a  position  requir- 
ing especially  skill  this  requirement  may  be  waived.  All  employes  of  the 
City  of  St.  Paul  shall  be  bona  fide  residents  of  the  city  at  the  time  of  their 
employment. 


CHAPTER  VIII. 

The  Council — Its  General  Powers  and  Duties. 

Council. — Sec.  110.  The  legislative  authority  of  the  City  of  St.  Paul  shall 
be  vested  in  the  council,  which  shall  be  composed  of  the  six  councilmen  and 
the  mayor,  who  ex-officio  shall  be  the  presiding  officer  or  president  thereof. 

Meetings — Regular  and  Special. — Sec.  111.  The  council  shall  meet  at  the 
city  hall  of  said  city  on  the  first  Tuesday  of  June  of  each  year  at  ten  o'clock 
in  the  morning  and  daily  thereafter  at  ten  o'clock  in  the  morning,  and  at 
such  other  times  as  it  may  determine,  except  Sundays  and  legal  holidays. 
The  mayor  may  call  special  meetings  of  the  councilmen  and  the  city  clerk  shall 
do  so  upon  the  written  request  of  four  councilmen  at  such  time  as  may 
therein  be  specified.  Notice  in  writing  of  special  meetings  shall  be  served 
upon  each  member  of  the  council  personally  or  be  left  at  his  usual  place  of 
abode  at  least  six  hours  in  advance  of  such  meeting,  except  with  the  unani- 
mous consent  or  waiver  of  such  notice  by  the  entire  council,  which  consent  or 
waiver   shall   be  in  writing. 

Quorum — Rules. — Sec.  112.  A  majority  of  the  council  shall  constitute  a 
quorum  to  transact  business,  but  a  smaller  number  may  adjourn  from  time  to 
time  and  compel  the  attendance  of  absent  members  under  such  terms  and 
penalties  as  it  may  prescribe.  It  may  adopt  rules  and  regulations  for  its 
government  not  inconsistent  with  law  and  this  charter,  sit  upon  its  own 
adjournment  and  punish  its  members  for  disorderly  conduct. 

Officers,  (a)  Vice-Presidents. — Sec.  113.  On  the  first  Tuesday  of  June 
of  each  even  numbered  year,  or  as  soon  thereafter  as  practicable,  the  council, 
by  ballot,  shall  elect  from  its  members  a  vice-president  and  a  second  vice- 
president,  each  of  whom  shall  hold  office  for  a  term  of  two  years  beginning 
with  the  said  first  Tuesday  and  until  their  successors  are  elected. 

(b)  City  Clerk.  At  the  same  time  and  for  the  same  period  or  term  and 
in  the  same  manner,  the  council  shall  elect  a  city  clerk,  who  shall  hold  office 
until  his  successor  is  elected  and  has  qualified. 

Journal — Votes. — Sec.  114.  The  council  shall  keep  a  journal  of  its  pro- 
ceedings, and  the  yeas  and  nays  when  taken  on  any  question  shall  be  entered 
therein.  Any  member  present  who  fails  to  vote  shall  be  counted  in  the 
negative.  The  presiding  officer  at  each  regular  session  shall  sign,  during  the 
session,  the  city  clerk's  record  of  the  proceedings  of  the  last  meeting,  after 
the  same  has  been  corrected  and  approved  by  the  council. 

Acting  Mayor. — Sec.  115.  During  the  absence  of  the  mayor  frorri  the 
city,  or  in  case  of  his  death,  inability,  or  incapacity  for  any  reason  to  discharge 
the  duties  of  his  office,  the  vice-president  of  the  council  shall  exercise  all 
the  powers  and  discharge  all  the  duties  of  the  mayor  and  he  shall  be  styled, 
"Acting.  Mayor  of  St.  Paul,"  and  the  second  vice-president  of  the  council  shall 
perform  the  duties  and  exercise  the  powers  of  acting  mayor  in  case  of  the 
inability  of  the  vice-president  to  act  as  acting  mayor. 

Legislation,  mode  of. — (a)  Ordinances. — Sec.  116.  Every  act  or  bill  of 
the  council  which  shall  define  license,  regulate,  suppress,  prevent  or  prohibit 
any  act,  business  or  person,  or  be  in  any  way  an  exercise  of  the  legislative 
powers,  grant  any  right,  franchise  or  privilege  or  a  modification  thereof,  or 
appropriate   any  money   or  create   any  liability  against   the  city   shall  be  ex- 


CHARTER  OF    CITY   OF   ST.   PAUL.  27 

pressed  in,  done  by  and  created  by  an  ordinance.     And,  likewise  any  amend- 
ment, modification  or  repeal  of  an  existing  ordinance  of  a  similar  character. 

(b)  Administrative  ordinances.  Every  act  or  bill  which  shall  define,  reg- 
ulate or  create  any  office,  or  prescribe  the  powers  and  duties  of  any  officer 
or  department,  or  the  procedure  for  the  performance  of  any  administrative 
act,  or  promulgate  any  rule  or  regulation  for  the  better  government  and  con- 
duct of  the  city  government  shall  be  created  by,  expressed  and  done  under  an 
administrative  ordinance. 

(c)  Resolutions.  Every  other  act,  deed,  expression,  order  or  direction, 
not  hereinbefore  defined  or  limited,  or  the  approval  of  any  administrative  act 
or  the  appointment  of  any  officer  shall  be  performed  by  means  of  and  done 
under  a  resolution  of  the  council  and  not  otherwise. 

Ordinances — Form  and  procedure. — Sec.  117.  Whenever  any  proposed 
ordinance  shall  be  presented  to  the  council,  it  shall  be  read  in  full  at  the 
meeting  at  which  it  shall  be  presented  and  read  again  by  the  title  thereof  at 
two  separate  meetings  not  less  than  a  week  after  the  meeting  at  which  the 
same  is  presented.  After  such  ordinance  shall  be  complete  in  the  form  in 
which  it  is  finally  passed,  it  shall  remain  on  file  in  the  office  of  the  city  clerk 
for  public  inspection  at  least  one  week  before  the  final  passage  or  adoption 
thereof. 

No  ordinance,  except  that  creating  the  annual  budget,  shall  embrace  more 
than  one  subject,  which  shall  be  expressed  in  its  title. 

Ordinances  making  appropriations  shall  be  confined  entirely  to  appropria- 
tions, and  nothing  otherwise. 

The  enacting  clause  of  all  of  the  above  ordiances  shall  be:  "The  Coun- 
cil of  the  City  of  St.  Paul  does  ordain." 

Administrative  ordinances. — Sec.  118.  Shall  be  adopted  by  the  same  pro- 
cedure as  hereinabove  prescribed  for  other  ordinances.  The  enacting  clause 
shall  be  the  same  as  for  other  ordinances.  Administrative  ordinances  shall 
be  designated  by  the  word  "Administrative,"  preceding  the  title.  No  action 
of  the  council  shall  be  invalid  because  an  ordinance  is  used  where  an  admin- 
istrative ordinance  is  indicated  in  this  charter  or  an  administrative  ordinance 
is  used  when  an  ordinance  is  indicated.  The  term  "Ordinance"  shall  embrace 
ordinances  and  administrative   ordinances. 

Resolutions. — Sec.  119.  Any  resolution  may  be  presented  and  adopted 
at  the  meeting  at  which  it  is  presented. 

Votes  necessary. — Sec.  120.  No  ordinances,  administrative  ordinance  or 
resolution  shall  be  finally  adopted  or  passed,  or  operative  and  binding  unless 
the  same  shall  be  passed  and  adopted  by  an  affirmative  vote  of  a  majority 
of  all  of  the  members  elect  of  the  council,  including  the  mayor.  All  such 
votes  shall  be  taken  by  ayes  and  nays  and  shall  be  entered  upon  the  record 
of  the  proceedings  of  the  council. 

Mayor's  veto. — Sec.  121.  Every  ordinance  or  resolution  not  making  an 
appropriation  which  shall  pass  the  city  council  shall  be  presented  to  the 
mayor,  as  soon  as  practicable  for  approval  or  rejection,  and  in  any  event  not 
later  than  five  days  after  its  passage.  If  he  approves  thereof,  he  shall  sign 
it  within  five  days  of  its  presentation  to  him,  and  shall  deposit  the  same  in 
the  office  of  the  city  clerk  where  it  shall  be  permanently  preserved  as  a  public 
record.  If  he  does  not  approve  it,  he  shall  return  is  within  five  days  to  the 
city  council  with  a  communication  in  writing  setting  forth  the  fact  of  his 
disapproval  and  the  reasons  thereof,  and  his  communication  shall  be  entered 
at  large  in  the  journal  of  the  city  council.  Said  body  shall  then  proceed  to 
reconsider  said  measure.  If  after  such  reconsideration,  a  majority  of  all 
the  members  elected  to  the  city  council  vote  affirmatively,  in  favor  of  passing 
said  measure,  notwithstanding  the  veto  of  the  mayor,  it  shall  become  oper- 
ative notwithstanding  said  veto;  but  in  all  such  cases  the  vote  of  said  council 
shall  be  taken  by  yeas  and  nays,  and  the  names  of  all  persons  voting  for  or 
against  said  measure  shall  be  recorded  in  the  journal  of  the  council.  Should 
the  mayor  fail  or  refuse  to  return  to  the  council  within  five  days  any  measure 
presented    to    him    for    approval    or    veto,    it    shall    become    operative    at    the 


28  CHARTER   OF   CITY   OF    ST.   PAUL. 

end   of   said    five    days    just   as    though    approved   and    signed    by    the  mayor. 

Any   order,    resolution    or    ordinance    of    the    council,    requiring    more  than    a 

majority  of  votes   of   said  council   to   pass  in   the   first   instance   shall  require 
as  great  an  affirmative  vote  to  pass  over  the  veto  of  the  mayor. 

Mayor's  approval  of  appropriation  ordinances. — Veto. — Sec.  122.  Every 
ordinance,  making  an  appropriation  or  authorizing  any  liability,  shall  before 
it  be  binding  and  operative,  be  presented  to  the  mayor  for  his  approval  or 
rejection.  He  may  approve  or  reject  the  whole  thereof,  in  which  event  the 
procedure  shall  be  the  same  as  in  the  preceding  section.  Or,  he  may  approve 
part  thereof  and  disapprove  or  reject  any  item  or  items  thereof,  and  in 
such  cases  he  shall  note  on  the  margin  thereof  and  opposite  such  item  or 
items,  the  word  "Rejected"  and  shall  also  in  writing  state  what  item  or  items, 
by  reference  thereto,  he  has  disapproved  or  rejected  together  with  the  reason 
therefor.  The  city  clerk  shall  forthwith  strike  out  of  such  ordinance  any 
such  rejected  item  and  proceed  in  all  other  respects  as  if  such  rejected  item 
or  items  were  not  therein  contained.  At  the  next  regular  meeting  of  the 
council  he  shall  present  to  such  body  for  its  reconsideration  a  verbatim  copy 
of  all  such  rejected  items,  together  with  the  title  of  such  ordinance  and  other 
necessary  references  thereto  to  clearly  identify  the  same,  and  the  statement 
of  the  mayor  disapproving  and  rejecting  such  items.  If  after  reconsideration, 
the  council  shall  again  pass  such  rejected  and  disapproved  item  or  items  or 
any  one  of  them,  by  an  affirmative  vote  of  two-thirds  of  the  five  members 
elect  except  the  mayor,  then  the  city  clerk  shall  forthwith  publish  such  item 
or  items  repassed  or  readopted,  together  with  the  title  of  such  ordinance  from 
which  the  same  were  taken,  preceded  by  a  supplemental  statement  to  the 
effect  that  such  items  were  repassed  or  readopted  by  the  council  notwithstand- 
ing the  disapproval  thereof  by  the  mayor.  In  all  other  respects  the  pro- 
visions of  the  preceding  section  shall  apply  to  appropriation  ordinances. 

Publication  in  newspaper. — Sec.  123.  Except  as  herein  otherwise  provided 
every  ordinance,  administrative  ordinance  and  resolution  shall,  before  it 
becomes  operative,  be  published  in  full  in  the  official  newspaper,  and  each 
shall  be  recorded  by  the  city  clerk  in  separate  books  for  each  class.  These 
shall  be  admitted  as  evidence  in  any  court  without  further  proof.  Resolutions 
may  be  published  with  the  dates  of  their  approval  without  appending  thereto 
the    signatures. 

The  council  may,  by  an  administrative  ordinance,  provide  for  the  pub- 
lication in  the  official  newspaper  of  the  title  and  abstracts  of  the  contents  of  all 
ordinances,  (except  appropriation  ordinances),  administrative  ordinances  and 
resolution  instead  of  and  in  place  of  such  publication  in  full  as  hereinbefore 
provided.  In  the  event  of  the  publication  of  such  abstracts,  it  is  hereby  made 
the  duty  of  the  corporation  counsel  to  prepare  the  same  for  the  city  clerk. 

Proof  of  the  publication  of  any  ordinance,  administrative  ordinance  or 
resolution  shall  be  made  by  an  affidavit  of  the  publisher,  printer,  his  foreman 
or  his  clerk,  of  such  newspaper  with  a  printed  copy  of  such  publication  thereto 
annexed,  or  other  competent  proof  of  publication,  and  the  same  shall  be 
prima  facie  evidence  in  any  court  of  the  legal  passage,  enactment,  approval, 
publication  and  promulgation  thereof. 

Publication  in  volume. — Sec.  124.  As  soon  as  practicable  after  the  first 
day  of  January  of  each  year  the  city  clerk  shall  cause  to  be  published  in  full 
and  in  a  separate  book  with  index  thereto  every  ordinance  adopted  during 
the  preceding  year,  and  likewise  in  a  separate  book  every  administrative  ordi- 
nance, but  such  separate  books  may  be  bound  in  one  volume  or  under  the 
same  covers,  and  shall  constitute  part  of  and  be  known  respectively  as  the 
"Legislative    Code"  and  the   "Administrative   Code." 

Revisions. — Sec.  125.  The  council,  at  any  time,  may  make  a  complete  and 
thorough  revision  of  all  the  ordinances  of  the  city,  except  franchise  ordi- 
nances, and  omit  from  such  revision  all  appropriation  and  all  other  ordinances 
not  then  in  efiFect  and  adopt  such  revision  as  a  single  ordinance  and  publish  the 
same  as  a  separate  book  to  be  known  as  the  "Legislative  Code."  And  like- 
wise revise,  adopt  and  publish  all  administrative  ordinances  under  the  title  of 


CHARTER  OF  CITY   OF  ST.  PAUL.     '  29 

^'Administrative  Code."     Such  books  may  be  published  and  issued  in  separate 
volumes  or   in   one  volume. 

General  powers  of  the  council. — Sec.  126.  The  council  shall  have  the  full 
management  and  full  control  of  the  property  and  finances  of  the  city  subject 
to  the  provisions  of  this  charter;  to  appropriate  money  for  city  purposes 
only,  except  as  herein  otherwise  provided,  and  shall  have  full  power  and 
authority  to  make,  enact,  ordain,  establish,  enforce,  alter,  modify,  amend  and 
repeal  any  and  all  such  ordinances,  rules  and  by-laws  for  the  good  govern- 
ment of  the  city,  the  protection  of  its  property;  the  preservation  of  peace  and 
good  order,  the  suppression  of  vice  and  intemperance,  the  prevention  of 
crime,  the  benefit  of  trade  and  commerce,  the  preservation  of  health,  the 
prevention  and  extinguishment  of  fires,  and  to  promote  the  general  welfare, 
education,  comfort,  and  well-being  of  the  city  and  its  inhabitants.  The  enact- 
ment of  any  ordinance,  rule  or  by-laws  hereunder  shall  be  held  and  con- 
strued to  be  a  reasonable  and  lawful  exercise  of  the  powers  herein  granted. 

Specific  powers  of  council. — Sec.  127.  For  a  more  specific  enumeration 
and  definition  of  some  of  the  powers  granted  hereinbefore,  a  fuller  exposition 
thereof  and  as  an  additional  grant  thereto,  the  council  shall  have  the  power 
and   authority: 

A.  The  common  council  shall  have  power: 

1.  Eminent  domain — To  exercise  the  right  of  eminent  domain. 

2.  Purchase — To   acquire   property   by  purchase   and   private    sale   as    by 
this  charter  provided. 

3.  To  acquire  property — To  acquire  and  take  real  and  personal  property 

by  gift,  devise  or  bequest  and  hold  and  employ  the  same  for  public 
purposes. 

B.  The  council  shall  have  power  by  ordinance: 
1.     To  define,  license,  regulate  and  restrain: 

a.  Theaters,  halls,   exhibitions  and  shows  and  entertainments  of  all  kinds. 

b.  Dances  and  dance  halls. 

c.  Billiard  and  pool  rooms,  bowling  alleys   and  other  similar  places  and 

the  proprietors  and  keepers  thereof. 

d.  Hotels,  boarding  houses  and  restaurants. 

e.  Auctioneers  and  public  auctions. 

f.  Pawn  brokers. 

g.  Intelligence  and  employment  offices  and  agents. 

h.     Second-hand    stores    and    junk    shops    and    the    owners    and    r^anagers 

thereof, 
i.      Hawkers,  peddlers,  porters,  runners,  agents  and  solicitors   for  common 

carriers,  express  companies,  hotels  or  other  establishments, 
j.      Ticket  agents  and  brokers  and  immigration  and  steamship  agents, 
k.     Draymen,  cartmen,  cabmen,   hackmen,  omnibus   drivers  and  chauffeurs. 

1.  Vehicles    of   all   kinds    whatsoever,   and    the   use    of   the    streets,    public 

thoroughfares,  highways  and  places  by  such  vehicles;  and  also  the 
carrying  and  hauling  of  persons  and  property  for  hire.  All  monies 
realized  from  any  license  or  licenses  thereunder  shall  be  appropriated 
and  used  solely  for  the  purpose  of  repairing  and  keeping  in  good 
condition  for  travel  such  streets,  thoroughfares,  highways  and  public 
places  in  addition  to  such  other  monies  as  may  be  appropriated 
therefor. 

m.  Vendors  or  dealers  in  inflammable  oils  or  substances,  firearms,  fire 
works  or  explosives  of  any  kind. 

n.     Vendors  of  meats,  vegetables  and  other  food  products. 

2.  To  regulate  the  size  and  weight  of  bread  sold  or  prepared  for  sale,  and 

the  manner  of  weighing  and  selling  hay. 

3.  Liquor  licenses. — To   license   and   regulate    except   as   herein   otherwise 

provided,  all  persons,  vending,  dealing  in  or  disposing  of  spirituous, 
vinous,  malt  or  fermented  liquors  and  all  places  in  which  the  same 
are  dealt  in,  vended  or  disposed  of. 
b.  To  prevent  or  prohibit  any  person  from  giving  or  dealing  in  spirituous, 
fermented,  malt  or  vinous  liquors  unless  duly  licensed  by  the  com- 
mon council. 


30  CHARTER  OF  CITY  OF  ST.   PAUL. 

c.  Patrol  limits — To  establish,  alter,  enlarge  and  contract  patrol  limits 
within  said  city  and  to  prevent,  suppress  and  prohibit  the  sale  or 
other  disposal  of  any  spirituous,  fermented,  malt,  vinous  or  other  in- 
toxicating liquor  within  such  limits,  except  by  duly  licensed  drug- 
gists for  medical,  mechanical  or  chemical  purposes  to  be  used  else- 
where than  upon  said  druggist's  premises.  Provided,  however,  that 
said  council  shall  never  grant  any  license  to  sell  or  otherwise  dis- 
pose of  any  such  spirituous,  fermented,  malt,  vinous  or  other  in- 
toxicating liquor  except  to  such  druggists  for  the  purpose  aforesaid 
within  the  limits  of  the  following  territory,  viz:  Sections  twenty- 
eight  (28)  and  twenty-nine  (29),  the  east  half  (^)  of  the  east,  half 
(5^)  of  section  thirty-two  (32),  and  all  of  section  thirty-three  (33) 
in  township  twenty-nine  (29),  range  twenty-three.  (23)  and  the  east 
half  (l4)  of  the  east  half  (H).of  section  five  (5)  and  all  of  section 
four  (4)  in  township  twenty-eight  (28)  of  range  twenty-three  (23), 
all  in  Ramsey  county,  Minnesota,  and  also  within  any  territory  within 
two  hundred  (200)  feet  of  any  of  the  boundary  limits  thereof,  nor 
within  a  distance  of  one-half  (j4)  mile  of  any  college,  university  or 
reformatory  institution  within  the  limits  of  the  new  territory  added 
to  said  city  by  Chapter  281  of  S.  L.  1885,  validated  by  Chapter  574, 
S.  L.  1889. 

4.  To  define,  prevent,  prohibit  and  suppress: 

a.  Gambling  and  fraudulent  practices  and  devices. 

b.  Drunkenness  and  obscenity. 

c.  Vagrancy,  mendicancy  and  prostitution. 

d.  Disorderly  houses,  houses  of  ill  fame  and  groggeries. 

e.  Riots,  noise  and  disorderly  assemblages. 

f.  Disorderly  or  mischievous  conduct,   or  conduct  annoying  or   dangerous 

to  others,  or  detrimental  to  the  rights  of  person  or  property. 

g.  Vice  and  crime. 

h.  All  practices  and  acts  whatsoever  inconsistent  with  the  preservation  of 
peace  and  good  order  and  the  just  rights  and  comfort  of  the  in- 
habitants of  the  city. 

5.  To  regulate  and  control,  prevent  and  prohibit: 

a.  The  use,  sale  or  offering  for   sale  of  firearms,   explosives,    or  fireworks 

or  the  use  or  exhibition  of  any  firearms,  fireworks  or  explosives  in 
any  place  which  may  be  considered  by  the  common  council  danger- 
ous or  annoying  to  any  citizen. 

b.  The    receipts,    storage,    transportation    and    traffic    in    any    inflammable 

oil  or  substance  or  any  explosives  within  said  city,  or  within  one 
mile  of  the  corporate  limits  thereof. 

c.  The  carrying  of  concealed  weapons. 

d.  The  running  at  large  of  any  animals. 

e.  The    encroachment   upon    or    obstructing   or    incumbering   of   any    high- 

ways, sidewalks,  public  grounds  or  levee. 

f.  The  cutting  of  ice  within  the  city  limits  and  the  sale  thereof. 

g.  The  burial  of  the  dead  within  the  city  limits  or  within  one  mile  beyond 

such  limits,  and  to  regulate  the  location  and  conduct  of  cemeteries 
and  crematories. 

h.     Places  of  bathing  and  swimming  in  the  waters  within  the  city  limits. 

i.  The  landing  and  conveyance  of  paupers  and  persons  in  destitute  con- 
dition into  said  city  not  having  a  legal  residence  or  settlement  therein 
by  any  railroad  train,  boat,  vessel  or  other  means  of  conveyance, 
and  to  require  that  such  persons  shall  be  taken  back  to  the  place 
from  whence  they  may  have  been  brought  by  the  person  or  persons 
conveying  or  leaving  them  in  said  city. 

j.      The  penning,  herding  and  treatment  of  all  animals  within  the  city. 

k.     The  emission  of  dense  smoke. 

6.  To  define,  regulate,  prohibit  and  abate  nuisances. 

7.  To  compel  owners,  agents  or  occupants  to  keep  all  buildings  and  prem- 

ises and  the  streets,  sidewalks  and  alleys  adjacent  thereto  in  a  cleanly, 
wholesome,  safe  and  passable  condition  and  to  regulate  the  disposal 
and  collection  of  all  refuse  whatsoever. 


CHARTER  OF  CITY  OF  ST.   PAUL.  31 

S.  To  compel  the  registration  of  births  and  deaths  and  the  collection  of 
other  vital  statistics. 

^.  To  impose  a  tax  on  dogs  and  regulate  the  keeping  thereof  and  to  author- 
ize the  destruction  of  the  same  in  a  summary  manner  when  at  large 
contrary  to  the  ordinance  and  to  provide  for  the  killing  of  dangerous 
or  vicious  dogs  and  to  punish  by  fine  or  imprisonment  the  owner  or 
keeper  of  any  such  dog  who  refuses  to  deliver  up  the  same  to  be 
killed  or  to  pay  the  tax  imposed  thereon. 

10.  Building  regulation  and  fire  protection. 

a.  To  regulate  the  construction,  alteration,  removal  and  repair  of  all  struc- 

tures and  the  permanent  equipment  thereof,  and  to  provide  for  the 
safety  of  the  occupants  of  all  structures  and  all  property  in  the 
vicinity  thereof  against  danger  from  fire  or  panic  or  from  methods 
of  construction  or  installation  detrimental  to  life,  health  or  property, 
and  to  prohibit  the  use  of  buildings  or  parts  of  buildings  when  dan- 
gerous to  life  from  collapse,  fire  or  panic. 

b.  Fire    limits — prescribe.      To    prescribe,    contract    or    extend    the    limits 

within  which  wooden  buildings  or  buildings  of  other  materials  that 
shall  not  be  considered  as  fire  proof  shall  not  be  erected,  placed  or 
repaired;  to  direct  that  all  and  any  buildings  within  the  limits  pre- 
scribed shall  be  made  and  constructed  of  fire  proof  materials;  to 
prohibit  the  rebuilding  of  wooden  buildings  within  the  fire  limits 
when  the  same  shall  have  been  damaged  to  the  extent  of  fifty  per 
cent  of  the  value  thereof,  and  to  prescribe  the  manner  of  ascertain- 
ing such  damage. 
c.  To  prescribe  limits  within  which  all  roofs  shall  be  covered  by  non- 
combustible  material. 

d.  Compel    the    installation    in    all    structures    of    devices,    appliances    and 

arrangements  for  the  preservation  of  life,  health  and  property. 

e.  To  regulate  the  storage  and  handling  of  all   combustible  or  other  sub- 

stances, articles,  equipment  or  devices  aflfecting  the  fire  hazard. 

f.  To  license,  regulate,  prohibit  and  suppress  the  erection  and  maintenance 

of  signs,  signboards,  billboards  and  fences. 

g.  To   establish   and  enforce  building  lines   and  to  regulate  the  height  of 

buildings, 
h.     To  regulate  the  measurement  and  inspection  of  building  materials  and 
of  fuel  of  all  kinds. 

11.  To   regulate    the    location    of    stock   yards,    slaughter   houses,   rendering 

plants,  soap  factories,  tanneries,  stables,  privies  and  other  unwhole- 
some or  nauseous  houses  or  places. 

12.  To  designate  and  set  apart  certain  thoroughfares  as  parkways  or  boule- 

vards and  regulate  the  use  of  the  same  and  prohibit  hauling  heavy 
loads  thereon. 

C.     The   council   shall  have  power: 

1.  To  pass  all  ordinances  necessary  or  expedient  for  the  preservation  of 

health  and  the  suppression  of  disease,  to  prevent  the  introduction  of 
infectious  or  contagious  diseases  into  the  city,  and  to  make  and 
enforce  quarantine  laws.  The  jurisdiction  of  said  city  shall  extend 
to  and  be  enforced  over  any  lands  within  the  County  of  Ramsey 
purchased  or  used  by  said  city  for  the  purpose  of  a  quarantine,  for 
police  and  sanitary  regulation;  and  for  the  preservation  of  the  health 
of  said  city,  and  the  suppression  of  disease  and  abatement  of  public 
nuisances,  and  the  suppression  of  any  business  contrary  to  the  sanitary 
regulation  of  the  common  council  or  the  commissioner  of  health,  the 
jurisdiction  of  said  city  shall  extend  for  a  circuit  of  one  mile  beyond 
the  present  or  any  future  limits  of  said  city. 

2.  Pass   any  other  ordinances   and  resolutions  necessary  to  carry  out  the 

intent  and  provisions  of  this  charter. 

D.     Penalties   and   enforcement   of  ordinances — The   council   shall   have   full 
power  and  authority: 
1.     To  revoke  for  misconduct  oi  a  licensee  any  license  granted  under  this 
charter. 


32  CHARTER  OF  CITY  OF  ST.  PAUL. 

2.  To    declare    and    impose   fines   and   penalties   and   to    enforce   the   same 

against  any  person  who  may  violate  any  of  the  provisions  of  any  ordi- 
nance or  resolution  and  all  such  ordinances  and  resolutions  are  hereby 
declared  to  be  and  have  the  force  of  law;  such  fines  and  penalties 
may  extend  to  a  fine  not  exceeding  one  hundred  dollars,  or  imprison- 
ment in  the  workhouse  not  exceeding  ninety  (90)  days  or  both;  and 
offenders  against  any  ordinance  or  resolution  as  aforesaid  may  be 
required  to  give  security  and  to  keep  the  peace  not  exceeding  six 
months  and  in  a  sum  not  exceeding  five  hundred  dollars. 

3.  To   provide    by  ordinance   that   anyone   convicted   of   an   offense   before 

the  Municipal  Court  subjecting  such  offender  to  an  imprisonment 
under  the  charter  and  ordinances  of  said  city  may  be  kept  at  hard 
labor  in  the  workhouse  established  for  that  purpose. 

4.  To  establish  by  ordinance   all   needful  regulations  for  the  security  and 

discipline  of  such  persons,  provided  that  the  Municipal  Court  shall  not 
have  the  nower  to  commit  for  vagrancy  any  persons  to  the  city 
prison,  city  workhouse  or  county  jail  for  a  longer  period  than  thirty 
days. 

E.  County  prisoners— -Power  to  contract  as  to. — The  provisions  of  Chapter 

76  of  the  Special  Laws  of  Minnesota  1883  so  far  as  the  same  relate 
to  the  contracts  for  the  confinement  and  board  of  county  prisoners 
is  hereby  in  all  respects  continued  in  full  force  and  effect. 

F.  Municipal   undertakings. — The   council   shall    have   power   by   ordinance: 

1.  Markets. — To  erect  and  maintain  market  houses  and  to  establish  markets 

and  market  places. 

2.  Wharves  and  levees. — To  control,  regulate  and  cause  to  be  constructed, 

altered  and  maintained,  wharves  and  levees  and  grading  and  paving 
along  the  banks  of  the  Mississippi  river  within  the  city  limits.  To 
prescribe  and  control  the  prices  to  be  charged  for  wharfage  thereon; 
to  prevent  or  remove  all  obstructions  in  the  water  of  said  river  and 
to  regulate  the  landings,  levees,  wharves  and  piers  within  the  city 
limits  and  the  boats  and  vessels  landing  and  mooring  at  the  same, 
and  the  charges  therefor;  to  have  and  exercise  the  same  power  and 
control  over  the  said  river  within  the  limits  of  said  city  that  it  may 
possess  over  its  streets,  highways  and  alleys  so  far  as  such  power 
and  control  may  not  be  inconsistent  with  the  laws  of  the  United 
States  or  of  this  state. 

3.  Garage. — To  establish  and  maintain  a  garage  for  the  housing,  care  and 

repair  of  all  automobiles  owned  by  the  city.  When  so  established 
such  garage  shall  be  under  the  management  and  control  of  the  Com- 
missioner of  Public  Safety  and  shall  be  subject  in  all  respects  to  the 
provisions  of  this  charter.  The  Comrnissioner  of  Public  Safety  with 
the  approval  of  the  council  may  contract  with  the  County  of  Ramsey 
for  the  housing,  care  and  repair  of  any  automobiles  belonging  to 
such  county. 

4.  Pounds — To   establish   and   regulate  public   pounds   and   to   provide    for 

the  empounding  of  animals  running  at  large  and  the  sale  of  unclaimed 
animals. 

5.  Lighting. 

a.  To   provide   for    lighting   the   city   and   lighting   and   heating  all    public 

buildings  and  furnishing  power  thereto. 

b.  To  establish,  erect,  maintain  and  cause  to  be  operated  gas  works,  elec- 

tric lighting  and  power  plants  or  other  works  for  lighting  the  streets 
and  public  grounds,  and  lighting  and  heating  public  buildings  and 
furnishing  power  thereto  and  to  sell  and  furnish  light,  heat  and  power 
to  the  citizens  of  said  city  and  to  occupy  and  use  the  public  streets 
and  conduits  therein  in  connection  therewith. 


CHARTER  OF  CITY  OF  ST.  PAUL.  33 

6.  To  purchase,  erect,  establish  and  maintain  conduits,  subways  and 
appliances  for  lighting  purposes,  the  use  of  which  conduits,  subways 
and  appliances  said  common  council  may  let  to  any  person,  firm  or 
corporation  contracting  to  light  said  city  or  part  thereof. for  a  term 
not  exceeding  said  contract. 

Provided,  however,  that  the  Commissioner  of  Public  Utilities  shall 
have  exclusive  power  and  jurisdiction  within  the  limitations  of  this 
charter  as  to  the  location  of  all  lamps. 

6.  Municipal  paving  plants. — Tct  provide,  maintain  and  cause  to  be  operated 

under  the  supervision  of  the  Commissioner  of  Public  Works,  munic- 
ipal quarries,  apparatus  and  other  facilties  for  the  manufacture,  con- 
struction and  laying  of  all  kinds  of  street  pavements  and  sidewalks. 

7.  Sprinkling  plants,   etc. — To  provide,   equip  and  maintain   apparatus  and 

facilities  for  the  cleaning,  repairing  and  sprinkling  of  streets,  alleys, 
sidewalks,  sidelawns,  public  grounds,  and  levees  and  for  the  collec- 
tion and  disposal  of  garbage  and  all  other  waste  material. 

Control  of  public  highways,  etc. — City  not  liable  for  railroad  accidents. — 

Sec.  128.  The  council  shall  have  the  care,  supervision  and  control  of  all 
public  highways,  bridges,  streets,  alleys,  public  squares  and  grounds,  sewers 
and  other  public  improvements  and  public  property  within  the  limits  of  said 
city,  except  as  in  this  charter  otherwise  provided,  and  shall  cause  all  streets 
which  may  have  been  opened  and  graded  under  the  authority  of  said  city 
or  with  its  assent  to  be  kept  open  and  in  repair  and  free  from  nuisances. 
The  city  corporation  shall  be  exempt  from  all  liability  caused  by  railroads 
either  to  persons  or  property  when  said  railroads'  engines  or  cars  are  passing 
along,  across,  under,  over  or  upon  any  street,  lane,  alley  or  other  public  way 
within  the  limits  of  the  City  of  St.  Paul. 

Vacation  of  streets,  etc. — Sec-  129.  The  council  of  said  city  shall  have 
the  sole  and  exclusive  power  to  vacate  or  discontinue  public  grounds,  streets, 
alleys  and  highways  within  said  city,  also  all  county,  territorial  and  state 
roads,  whether  actually  traveled  or  used  at  the  date  of  the  petition  for  vaca- 
tion or  not.  No  such  vacation  or  discontinuance  shall  be  granted  or  ordered 
by  the  council  except  upon  the  petition  of  the  majority  of  the  owners  of  the 
property  on  the  line  of  such  public  grounds,  streets,  alleys  or  highways,  resi- 
dent within  said  city,  save  that  a  corporation  whether  domestic  or  foreign, 
may  when  interested  join  in  and  verify  such  petition  by  an  officer  thereof 
and  be  counted  as  a  resident  for  the  purposes  of  this  section.  Each  petition 
provided  for  in  this  section  shall  bring  forth  the  facts  and  reasons  for  such 
vacation  accompanied  by  a  plat  of  such  public  grounds,  streets,  alleys,  or 
highways,  county,  tei*ritorial  or  state  roads,  proposed  to  be  vacated  and  shall 
be  verified  by  the  oath  of  one  of  the  petitioners. 

The  council  shall  thereupon,  if  it  deem  it  expedient  that  the  matter  shall 
be  proceeded  with,  order  the  petition  to  be  filed  of  record  with  the  city 
clerk  who  shall  give  notice  by  publication  in  the  official  paper  of  the  city 
for  four  weeks  for  at  least  once  a  week  to  the  effect  that  such  petition  has 
been  filed  as  aforesaid  and  stating  in  brief  its  object  and  that  said  petition 
will  be  heard  and  considered  by  the  said  body  on  a  certain  day  and  place 
therein  specified  not  less  than  ten  days  from  the  expiration  of  said  publication. 
Said  body,  at  the  time  and  place  appointed,  shall  investigate  and  consider  the 
mateer  and  shall  hear  the  testimony  and  evidence  on  the  part  of  the  parties 
interested.  Said  body  thereupon,  after  hearing  the  same  may  by  resolution 
passed  by  four-sevenths  (4/7)  affirmative  vote  of  all  the  members  elect  declare 
such  public  grounds,  streets,  alleys  or  highways,  county,  territorial  or  state 
roads  vacated.  Before  the  same  shall  go  into  effect  such  resolution  shall  be 
published  as  in  the  case  of  ordinances  and  thereupon  a  transcript  of  such 
resolution  and  of  said  plat  duly  certified  by  the  city  clerk,  shall,  before  the 
same  is  valid,  be  filed  for  record  and  duly  recorded  in  the  office  of  the  Regis- 
ter of  Deeds  in  the  County  of  Ramsey.  No  vacation  of  any  street,  alley  or 
public  grounds  in  said  city  shall  hereafter  be  allowed  except  upon  such  terms 
and  conditions  as  to  the  compensation,  if  any,  to  be  paid  by  the  persons  seek- 
ing such  vacation,  nor  otherwise  as  shall  be  specified  in  the  resolution  order- 


34  CHARTER  OF  CITY  OF  ST.  PAUL. 

ing  such  vacation,  nor  shall  said  council  order  any  vacation  without  adequate 
compensation  to  said  city. 

Provided  in  case  the  Plat  Commission  shall  have  approved  the  plat 
embracing  the  premises  proposed  to  be  vacated  which  plat  dedicates  to  the 
public  use  in  the  opinion  of  said  council  land  equivalent  in  area  and  value  to 
the  premises  sought  to  be  vacated,  then  said  council  may  by  a  four-sevenths 
(4/7)  affirmative  vote  of  all  the  members-elect  accept  said  plat  and  pass  a 
resolution  of  vacation  and  after  said  plat  and  said  resolution  have  been 
recorded  in  said  Register's  office,  said  vacation  shall  be  valid  without  the  pay- 
ment of  money  into  the  said  city  treasury.  Provided,  further,  however,  that 
vacations  and  discontinuances  of  such  county,  territorial  and  state  roads  may 
be  granted  upon  a  petition  of  a  majority  of  the  owners  of  property  through 
which  the  same  or  the  portions  there  for  sought  to  be  vacated  exist,  when  such 
owners  have  platted  the  same  and  shall  have  provided  in  lieu  of  such  roads 
sufficient  streets  in  the  opinion  of  the  Commissioner  of  Public  Works  and  the 
council,  of  which  fact  the  approval  of  said  commissioner  and  the  acceptance 
of  said  plat  and  the  resolutions  of  vacation  shall,  when  recorded  be  conclusive 
evidence. 

Lease  of  levee. — Sec.  130.  The  council  are  hereby  authorized  by  ordi- 
nance to  lease  to  any  person,  company  or  corporation  any  part  or  portion  of 
the  levee  known  as  the  West  Side  Levee  in  the  Sixth  (6th)  ward  of  the  City 
of  St.  Paul,  Minnesota,  as  the  same  is  designated  and  shown  on  the  maps 
on  file  in  the  office  of  the  Commissioner  of  Public  Works  of  the  City  of  St, 
Paul,  the  said  leases  to  be  for  such  purposes  and  upon  such  terms  and  for 
such  a  length  of  time  as  the  council  shall  prescribe —  provided,  however,  that 
such  leases  not  be  for  a  longer  term  than  five  years. 

Workhouse  authorized. — Sec.  131.  The  council  of  the  City  of  St.  Paul  is 
hereby  authorized  and  empowered  to  establish,  erect  and  maintain  a  work- 
house for  the  confinement  and  punishment  of  prisoners  sentenced  thereto  by 
the  Municipal  Court  of  the  City  of  St.  Paul,  or  the  District  Court  of  the 
Second  Judicial  District  of  Ramsey  county  (S.  L.  1881,  Chapter  190,  Sec.  1). 

Nuisances. — Sec.  132.  The  powers  conferred  upon  the  council  to  provide 
for  the  abatement  and  removal  of  nuisances  shall  not  bar  or  hinder  suits, 
prosecutions  or  proceedings  in  the  courts  according  to  law. 

Miscellaneous  restrictions. — Sec.  133.    The  council  shall  have  no  jjower  to: 

1.  New  or  salaried  offices. — Create  any  new  or  salaried  office  not  specified 

in  this  charter  or  in  any  manner  to  increase  the  salary  or  compensa- 
tion of  any  officer  whose  salary  is  fixed  in  this  charter,  or  to  employ 
any  assistant  whereby  said  city  might  be  liable  for  any  services 
rendered  or  attempted  to  be  rendered  in  performing  the  duties  im- 
posed by  law  upon  any  salaried  officer  of  said  city;  but  nothing  in 
this  charter  shall  prevent  said  city  and  its  officers  from  employing 
such  servants  from  day  to  day  and  from  month  to  month  as  are 
authorized  by  this  charter. 

2.  Disputed  demands  on  contracts. — Authorize  any  compromise  of  any  dis- 

puted demand  arising  out  of  contracts  or  any  allowance  therefor  or 
therein  except  as  provided  in  the  contract  therefor. 

3.  Damages   for  injuries. — Authorize    the  compromise   or   payment   of  any 

damages  claimed  for  alleged  injuries  to  persons  or  property  except 
by  ordinance  adopted  by  a  majority  of  the  members-elect  thereof. 

4.  The  council  cannot  relieve  or  exempt. — Relieve  any  person  or  corpora- 

tion from  the  payment  of  any  lawful  tax,  assessment,  fine  or  license, 
or  from  any  burden  imposed  by  law  or  order;  nor  shall  it  cause  to 
be  paid  any  demand  not  lawfully  authorized  and  duly  audited. 


CHARTER  OF  CITY  OF  ST.  PAUL.  35 


CHAPTER  IX. 

Initiative  and  Referendum. 

Initiative. — Sec.  134.  Any  ordinance  may  be  proposed  by  petition  by  the 
qualified  electors  of  the  City  of  St.  Paul  equal  in  numbers  to  ten  per  cent  of 
the  electors  who  voted  for  mayor  at  the  last  preceding  city  election. 

Petition. — Sec.  135.  Such  petition  shall  completely  set  out  in  exact  lan- 
guage the  terms  of  such  proposed  ordinance.  It  shall  be  addressed  to  the 
council  and  shall  be  presented  to  and  filed  by  the  city  clerk.  In  all  other 
respects  said  petition  shall  conform  so  far  as  practicable,  to  the  requirements 
for  recall  petitions  as  set  forth  in  the  sections  of  this  charter  relating  to  the 
recall. 

If  council  fails  to  pass. — Sec.  136.  Should  the  council  fail  to  pass  with- 
out change  within  sixty  days  of  its  presentation  by  petition  as  aforesaid,  any 
ordinance,  said  ordinance  shall  be  submitted  by  the  city  clerk  at  the  next 
election  in  the  City  of  St.  Paul  whether  general  or  special,  city  or  state,  to 
the  qualified  electors  of  said  city  for  approval  or  rejection  as  hereinafter 
provided,  provided  that  said  election  must  take  place  not  less  than  ninety 
days  after  said  petition  was  originally  presented  to  said  council.  If  the  peti- 
tion submitting  said  ordinance  to  the  council  shall  be  signed  by  twenty-five 
per  cent  of  the  number  of  qualified  voters  who  voted  for  mayor  at  the  last 
preceding  city  election,  and  shall  so  request,  then  the  council  shall  within  120 
days  of  the  filing  of  said  petition,  in  case  the  council  fails  to  pass  said 
ordinance  as  aforesaid,  call  a  special  election  at  which  said  ordinance  shall 
be  submitted  to  the  voters  of  the  city  of  St.  Paul  for  approval  or  rejection. 
But  no  special  election  shall  be  called  when  any  general  or  special  city  or 
state  election  occurs  within  one  year  subsequent  to  the  filing  of  said  petition. 

Referendum. — Sec.  137.  No  ordinance  passed  by  the  council  shall  go  into 
effect  until  the  expiration  of  thirty  days  after  it  has  been  passed,  approved 
and  published,  unless  it  shall  be  necessary  for  the  preservation  of  the  public 
peace,  health  or  safety,  and  the  council  shall  by  a  three-fourths  vote  of  all 
the  members  elected  declare  that  it  shall  go  into  effect  immediately  upon  its 
publication.  The  necessity  for  such  action  shall  be  stated  in  the  title  and 
in  a  section  of  such  ordinance.  If  within  thirty  days  after  the  passing, 
approval  and  publication  of  any  ordinance,  a  number  of  the  qualified  electors 
of  the  City  of  St.  Paul  equal  to  eight  per  cent  of  all  the  electors  who  voted 
at  the  last  city  election  for  mayor,  shall  file  a  petition  with  the  city  clerk 
addressed  to  the  city  council  asking  that  said  ordinance  shall  be  submitted  to 
•the  voters  of  said  city  for  approval  or  rejection,  it  shall  be  so  submitted 
as  hereinafter  provided,  and  shall  not  go  into  effect  (except  in  cases  of 
emergency  as  herein  provided)  until  approved  by  a  majority  of  all  the  electors 
voting  thereon  at  a  general  or  special  city  election  within  the  City  of  St. 
Paul.  Should  a  majority  of  said  electors  vote  against  the  approval  of  said 
ordinance  it  shall  not  go  into  effect,  but  shall  be  void  and  of  no  effect.  If 
by  action  of  the  council  as  aforesaid  any  ordinance  shall  be  declared  neces- 
sary for  the  preservation  of  the  public  peace,  health  or  safety,  and  it  shall 
be  provided  that  is  shall  go  into  effect  immediately  upon  publication  thereof, 
and  if  within  ninety  days  of  its  publication  and  taking  effect  a  petition  shall 
be  filed  as  aforesaid  asking  that  such  ordinance  be  submitted  to  the  voters 
of  the  City  of  St.  Paul  for  approval  or  rejection,  said  ordinance  shall  be  so 
submitted  and  if  a  majority  of  said  electors  voting  thereon  vote  to  reject 
such  ordinance,  said  vote  shall  effect  a  repeal  of  said  ordinance  from  and  after 
the  announcernent  of  said  result.  In  like  manner  any  ordinance  not  an 
emergency  ordinance  may  be  repealed  on  referendum  vote  asked  for  by  peti- 
tion filed  as  aforesaid  within  ninety  days  after  the  publication  of  said  ordi- 
nance. 

Referendum  petition. — Sec.  138.  Any  petition  demanding  a  reference  of 
any  ordinance  shall  refer  to  such  ordinance  by  the  number  thereof,  its  title, 


36  CHARTER   OF   CITY   OF   ST.    PAUL. 

the  date  of  its  approval,  and  the  date  of  its  publication,  and  shall  also  briefly- 
state  the  subject-matter  of  said  ordinance,  and  it  may  give  the  reasons  for 
demanding  such  reference.  It  shall  be  addressed  to  the  council  and  shall 
conform  so  far  as  practicable  to  the  requirements  specified  for  recall  peti- 
tions in  the  sections  of  this  charter  providing  for  recall. 

Shall  be  published. — Sec.  139.  The  council  shall  provide  for  the  publica- 
tion in  full  at  least  once  in  at  least  three  daily  papers  published  within  the 
City  of  St.  Paul  of  the  full  text  of  any  ordinance  submitted  under  this  chapter 
to  the  voters  of  the  city  for  approval  or  rejection.  Such  publication  shall 
take  place  not  less  than  ten  days  or  more  than  fifteen  days  before  the  date 
of  said  election.  When  any  such  ordinance  is.  to  be  so  submitted  at  any 
special  or  general  election,  the  voters  of  said  election  shall  so  state  and 
shall  designate  said  ordinances  by  number  and  title,  and  shall  set  forth  syllabi 
of  said  ordinances  prepared  by  the  corporation  counsel  of  St.   Paul. 

Budget  ordinance. — Sec.  140.  The  budget  ordinance  of  the  ordinance  pro- 
viding annually  for  the  support  of  the  government  of  the  City  of  St.  Paul 
shall  go  into  efifect  immediately  upon  publication.  Said  ordinance  shall  not 
be  submitted  to  the  voters  of  St.  Paul  for  approval  or  rejection  on  petition 
or  othrewise,  provided  that  any  item  in  said  budget  making  appropriation. 
for  new  outlay  shall  be  subject  to  referendum  in  the  same  manner  as  though 
it  were  not  part  of  said  budget  ordinance. 

Voluntary  reference. — Sec.  141.  The  council  may  by  a  majority  vote  sub- 
mit to  the  voters  of  St.  Paul  any  ordinance  without  petition  in  the  same  man- 
ner as  sai  dordinance  might  have  been  submitted  on  petition. 

Repeal  of  ordinance  approved  by  voters. — Sec.  141.  No*  ordinance  adopted 
by  the  voters  of  St.  Paul  on  their  initiative  or  approved  by  said  voters  on 
referendum  shall  be  repealed  by  the  council  within  one  year  after  its  approval 
nor  shall  it  be  repealed  at  all  except  upon  the  unanimous  vote  of  all  the 
members  elected  to  the  council  and  with  the  approval  of  the  mayor  expressed 
in  writing  or  by  a  majority  vote  of  all  the  electors  voting  thereon  at  a  refer- 
endum election  at  which  the  repeal  of  said  ordinance  is  submitted  under  the 
provisions  of  this  chapter. 

Ballots. — Sec.  142.  The  ballots  used  in  voting  upon  any  measure  as 
provided  for  in  this  chapter  shall  set  forth  in  full  th  etitle  thereof  and  state 
briefly  the  general  nature  thereof,  and  thereafter  in  larger  type  contain  the 
words,  "For  the  ordinance,"  (or  resolution  as  the  case  may  be)  and  "Against 
the  ordinance,"  (or  resolution  as  the  case  may  be)  and  shall  contain  a  square 
opposite  each  of  the  aforesaid  phrases  in  quotations  so  that  the  elector  by  a 
mark  in  the  square  may  indicate  whether  he  is  for  or  gainst  the  ordinance. 

Number  submitted. — Sec.  143.  Any  number  of  ordinances  may  be  sub- 
mitted at  the  same  election. 

Vote  necessary.— Sec.  144.  Any  ordinance  receiving  an  affirmative  vote  in 
its  favor  of  a  majority  of  all  the  electors  voting  thereon  shall  be  declared 
passed,  and  shall  be  in  force  from  and  after  such  declaration.  If  it  shall 
not  receive  such  majority,  it  shall  be  void  and  of  no  effect  from  and  after 
the  announcement  of  said  vote.  Where  two  or  more  conflicting  ordinances 
receive  a  majority  those  receiving  the  largest  affirmative  vote  shall  be  in  force 
and  effect  as  to  conflicting  provisions. 

Terms  defined. — Sec.  145.  For  the  purposes  of  this  chapter  the  term 
"ordinance"  shall  embrace  all  legislative  acts  of  the  council,  whether  they  be 
the  passing  of  new  measures  or  the  amendment  or  repeal  of  measures  there- 
tofore in  force. 

Duties  of  the  corporation  counsel. — Sec.  146.  On  request  of  the  city  clerk 
the  corporation  counsel  shall  prepare  forthwith  or  cause  to  be  prepared  sum- 
maries, or  syllabi  of  all  ordinances  or  resolutions  where  summaries  ar  required 
in  carrying  out  the  provisions  of  this  chapter. 


CHARTER  OF  CITY  OF  ST.  PAUL.  37 

Enacting  clause. — Sec.  147.  The  enacting  clause  of  all  ordinances  initiated 
under  the  provisions  of  this  chapter  shall  be:  "The  people  of  the  City  of  St. 
Paul  do  ordain." 

Items  voted  upon  separably. — Sec.  148.  Any  item  or  section  of  items  or 
sections  of  an  ordinance  or  resolution  which  may  be  separated  without  destroy- 
ing said  resolution  as  a  whole,  may  be  made  the  subject  of  a  referendum 
the  same  as  an  entire  ordinance  or  resolution,  and  may  on  adverse  vote  be 
disapproved  or  repealed  as  may  an  entire  ordinance  or  resolution. 


CHAPTER  X. 

Franchises,   and   Modifications  Thereof. 

No  exclusive  franchise. — Sec.  149.  No  exclusive  or  irrevocable  franchise, 
nor  any  franchise  for  a  period  of  more  than  twenty  years,  shall  ever  be  granted 
by  the  City  of  St.  Paul. 

Referendum  thereon. — Sec.  150.  No  franchise  shall  be  granted  by  the 
City  of  St.  Paul  except  by  ordinance  of  the  council  approved  at  a  general  or 
special  election  by  an  affirmative  majority  of  the  qualified  electors  of  said 
city  voting  thereon.  The  council  may  by  ordinance  passed  by  an  affirmative 
vote  of  four-sevenths  of  all  the  members  elect  grant  a  temporary  license  to 
use  the  streets  and  other  public  places  of  said  city  for  public  service  purposes 
for  a  period  not  exceeding  one  year.  Any  license  or  franchise  which  may 
hereafter  be  granted  by  the  City  of  St.  Paul  is  hereby  declared  to  be  subject 
to  all  provisions  of  this  charter  and  all  amendments  thereto  which  may  be 
hereafter  adopted,  and  to  all  laws  and  ordinances  in  force  within  the  limits 
of  the  City  of  St.  Paul.  Nothing  m  this  section  shall  be  so  construed  as  to 
relieve  the  holder  of  any  franchise  from  any  restriction  which  may  be  in 
force  at  the  time  of  the  adoption  of  this  charter.  When  the  total  income 
of  any  such  license  or  franchise  holder  named  in  this  section,  his  lessee  or 
assign,  from  business  within  the  City  of  St.  Paul  for  which  such  license  or 
franchise  was  granted  shall  not  exceed  the  sum  of  ten  thousand  dollars  for 
any  one  calendar  year,  then  said  temporary  lessee  may  by  a  five-sevenths 
affirmative  vote  of  all  the  members-elect  of  the  council  be  renewed  indefinitely 
for  one  year  from  year  to  year  in  the  discretion  of  the  council,  but  where 
such  total  income  exceeds  in  any  one  year  the  sum  of  ten  thousand  dollars, 
said  council  shall  have  power  to  give  but  two  renewals,  so  that  the  entire 
term  of  such  temporary  licenses  in  such  cases  shall  not  exceed  'three  years. 

Time  for  renewal. — Sec.  151.  No  franchise  granted  by  the  City  of  St. 
Paul  shall  be  renewed  or  enlarged  until  within  one  year  before  its  expiration. 
Any  amendment  to  a  franchise  amounting  to  an  enlargement  or  extending  of 
privileges  held  under  any  franchise  now  in  force,  or  hereafter  granted,  shall 
be  construed  as  the  granting  of  a  new  franchise. 

Franchise  no  part  of  capital. — Sec.  152,  No  person  or  corporation  granted 
a  franchise  by  the  City  of  St.  Paul  shall  base  any  capitalization  or  collect 
any  profits  upon  the  vilue  of  said  franchise,  it  being  the  intent  of  this  charter 
to  restrict  all  franchise-holders  of  the  City  of  St.  Paul  to  a  reasonable  return 
upon  the  tangible  property  of  said  franchise-holder  in  use  within  the  City  of 
St.  Paul.  It  is  hereby  declared  that  all  franchises  granted  by  the  City  of  St. 
Paul  are  granted  for  the  sole  purpose  of  providing  the  people  of  St.  Paul 
with  needed  public  services,  and  that  the  value  of  said  franchise  and  all  ben- 
efits to  be  derived  therefrom  shall  remain  forever  inalienably  the  property  of 
said  city  in  trust  for  said  people.  No  charges  or  profits  of  any  public  service 
corporation  doing  business  in  the  City  of  St.  Paul  shall  be  founded  upon 
unearned  increment  of  land.  All  franchises  granted  by  the  City  of  St.  Paul 
shall  define  clearly  and  fully  the  specific  rights  granted,  and  the  specific 
streets,  alleys  and  other  places  in  which  said  franchises  shall  be  exercised, 
and  no  grant  made  in  general  terms  shall  be  valid,  and  no  privilege  shall  be 
granted  by  implication. 


38  CHARTER  OF  CITY  OF  ST.  PAUL. 

Publication — Franchise  ordinances. — Sec.  153.  All  proposed  ordinances 
for  the  granting  of  franchises  shall  be  published  in  full  at  least  once  in  the 
official  publication  of  the  city  a  week  before  its  first  reading  in  the  council. 
No  proposed  ordinance  granting  a  franchise  shall  be  placed  upon  its  final 
passage  within  thirty  days  after  it  has  been  put  into  the  form  in  which  it 
shall  be  passed  and  adopted. 

Fixing  charges. — Gross  earnings  statement. — Sec.  154.  In  the  granting  of 
any  and  all  franchises  the  City  of  St.  Paul  hereby  reserves  the  right  either 
through  the  council,  or  otherwise  as  provided  by  law,  to  regulate  the  rates 
to  be  collected  for  the  service  to  be  rendered  under  said  franchise.  If  it  be 
found  by  the  council  impracticable  or  undesirable  to  prescribe  such  rates  as 
will  prevent  franchise-holders  from  securing  any  benefit  from  the  value  of 
said  franchise,  then  said  city  through  its  council  or  otherwise  may  impose 
such  tax  upon  gross  earnings  as  may  secure  for  said  city  the  full  benefit 
of  the  value  of  said  franchise.  The  City  of  St.  Paul  is  hereby  granted  the 
right  to  fix  rates  for  all  public  services  within  the  city. 

All  franchise-holders  exercising  any  franchise  in  the  City  of  St.  Paul  shall 
file  annually  on  or  before  the  first  Monday  of  February,  in  the  ofiice  of  the 
City  Comptroller,  a  statement  subscribed  and  sworn  to  by  at  least  two  officers 
of  such  corporation,  or  by  the  individual  in  control,  in  case  such  franchise 
is  exercised  by  an  individual  or  co-partnership,  setting  forth  in  detail  for 
the  preceding  calendar  year  the  then  actual  cost  of  the  plant  or  business 
operated  by  said  corporation  or  persons,  the  actual  incumbrances,  debts  and 
obligations  thereon,  if  any,  the  names  and  residences  of  the  stockholders, 
and  the  amount  of  stock  held  by  each,  and  the  consideration  paid  therefor 
to  the  corporation;  the  names  and  residences  of  the  individuals  or  co-partner- 
ships, in  case  such  franchise  is  exercised  by  individual  or  a  co-partnership; 
an  itemized  statement  of  the  assets  and  liabilities  of  any  such  corporation; 
the  gross  earnings,  the  expenses  and  nature  thereof,  and  the  net  income  for 
such  calendar  year  of  any  such  corporation,  and  in  case  of  an  individual  or 
co-partnership,  of  the  business  done  under  such  franchise.  Such  statement 
shall  conform  to  such  forms  as  may  be  prepared  from  time  to  time  by  the 
city  comptroller.  Every  such  statement  shall  be  preserved  by  the  comptroller 
in  suitable  manner  for  public  inspection,  and  shall  be  open  to  public  inspection 
during  the  business  hours  of  the  comptroller's  office.  Every  such  corporation, 
individual  or  co-partnership  shall  also  file  in  the  office  of  the  comptroller 
from  time  to  time  such  further  and  additional  reports  and  statements  as  may 
be  required  by  the  council  relative  to  the  rates  charged  and  received  for 
public  service,  relative  to  the  character  and  frequency  of  such  service,  and 
relative  to  the  number  of  persons  using  such  service.  The  books,  records, 
bills  and  vouchers  of  every  such  corporation,  individual  or  co-partnership 
shall  be  open  to  insf)ection  and  examination  in  the  City  of  St.  Paul  by  such 
officer  of  said  city,  person  or  persons  as  the  council  may  direct.  Every  cor- 
poration, individual  or  co-partnership  who  fails  to  comply  with  the  provisions 
of  this  section  shall  be  liable  to  the  City  of  St.  Paul  in  the  sum  of  one  hundred 
($100)  dollars  for  each  day  of  such  failure,  to  be  recovered  in  a  civil  action  in 
any  court  of  competent  jurisdiction,  and  in  case  of  default  for  sixty  days 
any  such  franchise  shall  without  further  proceedings  become  forfeited,  and 
all  rights  granted  by  the  ordinance  granting  the  same  shall  cease  and  ter- 
minate. 

Gross  earnings. — Sec.  155.  Every  corporation  or  person  exercising  any 
franchise  or  privilege,  in,  over,  under,  or  upon  any  of  the  streets  or  public 
places  or  elsewhere  in  the  City  of  St.  Paul,  shall  pay  into  the  treasury  of 
said  city  annually  on  or  before  the  first  Monday  in  March,  a  license  fee  in 
a  sum  equal  to  at  least  five  per  cent  of  the  gross  earnings  derived  or  accru- 
ing from  the  exercise  or  enjoyment  within  said  city  of  any  franchise  or 
privilege  during  the  previous  calendar  year.  This  section  shall  apply  to  all 
franchises  granted  prior  to  the  adoption  of  this  charter  and  to  all  other  fran- 
chises unless  the  ordinances  granting  said  franchises  shall  exempt  the  grantees 
and  others  holding  through  or  under  them  from  said  tax. 

Grantee's  agreement. — Sec.  156.  No  extension,  modification  nor  change 
of   any   franchise   or   privilege   heretofore    granted,    or   of   any   condition    or 


CHARTER  OF   CITY   OF   ST.   PAUL.  39 

limitsition  affecting  such  franchise  or  privilege,  shall  be  valid  or  effectual 
unless  the  person  or  corporation  holding  such  franchise  or  privilege  shall,  in 
writing,  agree  that  such  franchise  or  privilege  together  with  any  such  exten- 
sion, modification  or  change,  shall  be  held  and  used  subject  to  all  the 'conditions 
and  limitations  in  this  charter  prescribed,  including  the  payment  of  a 
license  fee  of  at  least  five  per  cent  of  the  gross  earnings,  unless  said  franchise- 
holder  is  specifically  relieved  of  said  payment  as  hereinabove  provided. 

Grantee's  acceptance  of  charter  provisions. — Sec.  157.  No  franchise  or 
privilege  shall  be  granted  to  any  person  or  corporation  now  holding  or  here- 
after acquiring  any  franchise  or  privilege  heretofore  or  hereafter  granted  by 
said  city,  unless  such  person  or  corporation  shall  in  writing  agree  that  said 
franchise  or  privilege  so  held  or  acquired,  as  well  as  said  new  franchise  or 
privilege,  shall  both  be  held  and  exercised  subject  to  all  the  conditions  and 
limitations  in  this  charter  prescribed,  including  the  payment  of  said  license 
fee  of  at  least  five  per  cent  of  the  gross  earnings,  unless  excused  as  above 
provided. 

Forfeitures. — Sec.  158.  Every  ordinance  granting  any  franchise  or  privi- 
lege as  aforesaid,  shall  provide  for  the  termination  and  forfeiture  of  said  fran- 
chise or  privilege  aforesaid  for  any  breach  or  failure  to  comply  with  any  of 
the  terms,  limitations  or  conditions  thereof;  and  in  all  such  cases  the  council 
shall  have  power  to  declare  the  termination  and  forfeiture  of  any  such  fran- 
chise or  privilege  aforesaid  for  any  breach  or  failure  to  comply  with  any  of 
expressly  reserved. 

Limitations. — Sec.  159.  No  person  or  corporation  shall  occupy  or  have 
any  special  rights  or  privileges,  in,  over,  upon  or  under  any  street,  highway, 
alley,  public  ground,  levee,  or  other  property  of  said  city  unless  said  right 
is  duly  granted  in  the  manner  hereinabove  provided. 

Elevated  roads. — Sec.  160.  No  franchise  shall  be  granted  to  construct  or 
operate  any  steam,  or  elevated  railway  of  any  description,  or  on  any  street, 
public  grounds  or  levees  of  said  city  except  upon  petition  of  the  owners  of 
more  than  one-half  the  property  fronting  on  the  line  of  such  proposed  road. 

Street  maintenance  duties. — Sec.  161.  Every  grant  of  any  right,  privilege 
or  franchise,  in,  over,  under  or  upon  any  of  the  streets,  alleys  or  public 
grounds  of  said  city  for  street  railwaj"^  purposes,  shall  be  subject  to  the  con- 
ditions that  the  person  or  corporation  exercising  or  enjoying  the  same  shall 
sprinkle,  clean  keep  in  repair  and  free  from  snow,  and  pave  and  repave  so 
much  of  the  streets  or  other  public  places  herein  mentioned  which  may  be 
occupied  by  such  street  railways,  as  lies  between  the  rails  of  each  railway 
track,  and  between  the  lines  of  double  track,  and  for  a  space  of  two  feet  out- 
side of  such  track. 

Additional  restrictions. — Sec.  162.  Said  City  of  St.  Paul  shall  have  the 
power  through  the  council  or  other  proper  manner,  to  impose  other  terms, 
conditions  and  restrictions  additional  to  those  prescribed  by  this  charter, 
upon  the  grant  of  any  such  right,  privilege  or  franchise  aforesaid,  including 
suitable  provisions  that  the  whole  or  any  part  of  the  property  used  in  the 
exercise  or  enjoyment  of  any  right,  privilege  or  franchise,  shall,  upon  the 
expiration  thereof,  become  the  property  of  said  city  with  or.  without  further 
compensation. 

Abandonment  of  franchises.— Sec.  163.  All  rights,  privileges,  and  fran- 
chises heretofore  granted  by  any  lawful  authority  in,  over,  under  or  upon  any 
of  the  streets,  highways,  alleys,  public  grounds  or  other  property  of  said  city, 
which  have  never  been  exercised,  or  which  have  been  abandoned  or  have 
been  disused  for  more  than  three  years  before  the  time  when  this  charter 
becorpes  effective,  are  hereby  declared  to  be  forfeited  and  invalid.  Nothing 
in  this  paragraph  shall  be  construed  as  restoring  any  rights  forfeited  under 
any  former  law,  ordinance  or  charter. 

Cost  of  bridges. — Sec,  164.  All  franchises  for  street  or  interurban  rail- 
ways hereafter  granted  shall  provide  that  any  such  railroad  shall  pay  to  the 


40  CHARTER  OF  CITY  OF  ST.  PAUL. 

city  a  sum  not  less  than  five  per  cent  per  annum  so  long  as  such  franchise 
shall  exist  or  be  used  on  one-third  of  the  cost  of  any  city  bridge  over  which 
such  franchise  shall  extend.  In  the  event  any  application  is  made  for  a 
franchise  over  a  bridge  not  yet  built  or  completed,  the  council  shall  cause 
an  estimate  to  be  made  of  the  true  cost  of  such  bridge,  and  such  estimate, 
corrected  by  actual  figures  of  cost  when  the  same  is  available,  shall  be  the 
basis  or  computation  for  fixing  the  amount  to  be  paid  for  the  franchise  over 
said  bridge. 

Carrying  of  firemen,  etc. — Sec.  165.  Every  street  railway  franchise  shall 
contain  a  provision  that  policemen,  firemen,  city  health  officers,  and  United 
States  mail  carriers,  when  in  uniform  and  in  the  discharge  of  their  duties  as 
such,  shall  be  carried  free  and  with  all  the  rights  of  passengers. 

Poles — Erection  of. — Sec.  166.  All  franchises  granted  to  any  person  or 
corporation  for  the  erection  of  poles  or  masts  on  or  along  the  streets  of 
other  public  places  of  the  city  for  the  conduct  of  electricity  or  for  telegraph 
or  telephone  purposes,  shall  contain  a  condition  and  stipulation  that  the  upper 
arm  of  all  such  poles  or  masts,  now  erected  or  to  be  erected  under  any  exist- 
ing franchise  in  the  city,  shall  be  reserved  for  the  exclusive  use  of  the  city; 
and  that  any  franchise  granting  the  right  to  construct  conduits  in  or  under 
such  places  for  said  purposes,  or  any  other  purpose,  shall  contain  a  provision 
that  a  reasonable  portion,  to  be  definitely  stated  in  the  ordinance  granting  the 
franchise,  shall  be  reserved  for  the  exclusive  use  of  the  city. 

Regntilations  of  service. — Sec.  167.  The  grant  of  every  franchise  shall  be 
made  especially  subject  to  the  condition  that  the  council  shall  have  the  right 
with  respect  to  any  such  franchise  so  granted: 

(1)  To  require  the  elevation  or  depression  of  the  tracks  of  a  railway  or 
street  railway,  or  the  placing  underground  of  wires,  whenever  such  action  is 
deemed  by  said  council  necessary  in  the  interest  of  public  safety  or  con- 
venience. 

(2)  To  require  reasonable  extensions  of  any  public  service  system. 

(3)  To  make  such  rules  and  regulations  as  may  be  required  to  secure 
adequate  and  proper  service,  and  to  provide  sufficient  accommodations  for  the 
public. 

Council  powers — Present  franchises. — Sec.  168.  The  powers  hereinabove 
enumerated  as  express  provisions  of  future  franchises,  are  hereby  granted 
the  council  with  respect  to  public  service  and  franchises  now  existing  or 
heretofore  granted. 

Limits  of  franchises  grant.— Sec.  169.  The  granting  of  a  franchise  shall 
not  be  deemed  to  confer  any  right  to  include  in  the  charge  for  any  service 
any  return  upon  the  value  of  the  franchise  or  grant. 

Condemnation  provisions. — Sec.  170.  All  franchises  granted  by  the  City 
of  St.  Paul  shall  be  granted  subject  to  the  condition  that  the  grantee  shall 
have  no  right  to  receive  upon  a  condemnation  proceeding  brought  by  the 
city  to  acquire  for  the  city  the  public  utility  using  such  franchise,  any  return 
on  account  of  the  franchise  or  its  value,  or  any  return  for  good-will,  or  for 
any  other  things  whatsoever  except  the  tangible  property  used  in  connection 
with  the  service  for  which  the  franchise  was  granted.  Franchise  values  shall 
not  be  capitalized  by  any  franchise  grantee  or  any  successor  of  such  grantee, 
and  the  measure  of  value  of  the  real  estate  used  for  said  service  shall  be  its 
value  when  first  used  in  said  service. 

Loans  on  franchises. — Sec.  171.  No  loan  made  to  a  grantee  of  a  franchise 
received  from  the  City  of  St.  Paul,  or  to  the  successor  of  such  grantee,  shall 
be  a  lien  upon  said  franchise.  If  any  loan  be  a  lien  upon  the  property  used 
in  the  public  service  given  in  connection  with  said  franchise,  then  it  shall 
not  be  made  for  a  term  of  years  in  excess  of  the  term  of  the  franchise,  and 
said  entire  loan  shall  fall  due  before  the  expiration  of  the  term  of  said 
franchise.  Said  grantee  and  the  successors  of  said  grantee  shall  provide  that 
said  loan  shall  be  paid  and  wholly  liquidated  during  the  term  of  said  fran- 
chise, so  that  at  the  expiration  of  said  term,  all  of  the  property  used  in  con- 


CHARTER  OF   CITY   OF   ST.   PAUL.  41 

nection  with  said  franchise  shall  be  entirely  free  from  all  liens  and  obligations 
whatsoever. 

Sale  of  franchise. — Sec,  172.  No  sale  or  lease  for  any  franchise  granted 
by  the  City  of  St.  Paul  shall  be  effective  until  approved  by  the  council  by 
five-sevenths  affirmative  vote  of  all  the  members  elect.  The  assignee,  or  lessee 
shall  prior  to  such  approval  file  in  the  office  of  the  city  clerk  an  instrument 
duly  executed,  reciting  the  fact  of  the  sale  or  lease,  accepting  the  terms  of 
the  franchise  affected,  and  agreeing  to  perform  all  the  conditions  required  of 
the  grantee  thereunder.  The  assignee  or  lessee,  shall  also  file  a  bond  with 
council,  which  shall  run  to  the  city  and  which  shall  be  conditioned  to  discharge 
such  conditions  as  the  council  may  require  with  securities  satisfactory  to  the 
the  obligations  and  liabilities  upon  the  grantee  by  the  franchise.  Thereafter 
the  council  shall  consider  and  may  approve  or  forbid  such  sale  as  the  interests 
of  the  city  of  St.  Paul  may  demand. 

Relative  rights  of  franchise. — Sec.  173.  Every  franchise  shall  provide  that 
the  franchise  and  all  things  constructed  thereunder  or  used  in  connection 
therewith,  other  than  rolling  stock  and  power,  shall  be  subject  to  common 
use  by  any  other  grantee  or  assignee  of  any  other  franchise,  whenever  there 
shall  be  necessity  therefor  upon  payment  or  tender  of  compensation  for 
such  use.  The  question  of  necessity,  compensation  and  all  other  questions 
relating  thereto  shall  be  judicial  questions,  but  no  judicial  proceeding  shall 
suspend  or  postpone  such  use  if  the  person  or  corporation  desiring  such  use 
shall  deposit  in  the  court  such  sum  as  the  court  in  a  preliminary  hearing  may 
determine. 

Objections  to  regulations. — Sec.  174.  Any  holder  of  a  franchise  granted 
by  the  City  of  St.  Paul  who  shall  question  any  order,  ordinance,  or  provision 
prescribing  conditions  or  regulations  in  connection  with  the  enjoyment  of 
such  franchise,  must  raise  such  question  or  issue  in  a  proceeding  in  court 
within  sixty  days  of  the  time  such  order,  ordinance,  provision  or  regulation 
goes  into  effect. 

Powers  of  council  not  specified. — Sec.  175.  The  enumeration  and  specifi- 
cation of  particular  conditions  or  restrictions  upon  the  granting  of  franchises 
by  the  City  of  St.  Paul,  and  their  enjoyment,  shall  not  be  construed  to  impair 
the  right  of  the  city  to  impose  upon,  the  holders  of  such  franchise  such 
other  and  further  conditions  as  the  council  may  deem  proper  to  protect  the 
interests  of  the  city. 


CHAPTER  XI. 

Legal  Department  and  Legal  Procedure. 

Corporation  counsel — Election — Term. — Sec.  176.  The  corporation  counsel 
shall  be  elected  by  the  council  on  the  second  Tuesday  in  July  of  each  and 
every  even  numbered  year,  beginning  with  the  year  1914.  His  term  of  office 
shall  begin  on  the  second  Tuesday  in  August  following  his  election,  and  it 
shall  be  for  two  years  and  until  his  successor  shall  be  elected  and  qualified. 
The  term  of  the  corporation  attorney  in  office  when  this  charter  takes  effect 
shall  terminate  on  the  second  Tuesday  in  August,  1914,  or  as  soon  thereafter 
as  his  successor,  the  corporation  counsel,-  shall  be  elected  and  qualified. 
Concident  with  the  qualifying  of  said  corporation  counsel  said  office  of 
corporation  attorney  shall  be  abolished. 

Assistants  and  clerks. — Sec.  177.  The  corporation  counsel  may  appoint 
such  assistants  as  the  council,  by  an  administrative  ordinance  shall  provide 
and  at  such  compensation  as  it  shall  fix,  and  for  acts  of  such  assistants  he 
shall  be  responsible,  and  each  of  them  shall  hold  office  during  the  pleasure 
of  corporation  counsel  and  shall  perform  such  duties  as  the  corporation 
counsel  shall  designate.     It  shall  be  the  duty  of  the  corporation  counsel  and 


42  •  CHARTER  OF  CITY  OF  ST.  PAUL. 

his  assistants  to  give  their  whole  time  and  attention  to  the  discharge  of  their 
official  duties. 

Duties  of  corporation  counsel — Special  counsel. — Sec.  178.  The  corpora- 
tion counsel  shall  attend  to  all  the  legal  business  of  the  city.  He  shall  be 
the  adviser  of  the  mayor,  the  council,  and  all  city  officers,  and  when  requested 
by  any  thereof  shall  furnish  opinions  upon  such  legal  questions  of  the  busi- 
ness of  the  city  as  may  be  submitted  to  him.  He  shall  also  render  and  per- 
form such  other  legal  duties  as  may  be  prescribed  by  the  council.  All  officers 
of  said  city  are  prohibited  from  retaining,  feeing  or  employing  any  other 
attorney;  provided,  that  in  any  case  in  which,  by  reason  of  interest,  the 
corporation  counsel  cannot  act,  or  in  any  case  of  special  or  unusual  circum- 
stances, necessitating  the  employment  of  special  counsel,  and  upon  the  written 
request  of  the  corporation  counsel,  the  council,  by  a  five-sevenths  vote  of  all 
the  members  thereof,  may,  by  resolution,  authorize  the  employment  of  an 
attorney  to  act  as  special  counsel  for  the  city  in  such  cases.  Said  resolution 
shall  fix  the  maximum  compensation  to  be  paid  for  such  service,  and  the 
person  so  employed  shall  not  under  any  circumstances,  be  entitled  to  receive, 
and  shall  not  be  paid  as  compensation  for  his  services,  any  sum  in  excess  of 
the  amount  so  fixed. 

Actions  on  behalf  of  city. — Sec.  179.  All  actions  brought  to  recover  any 
penalty,  or  forfeiture  under  this  charter,  or  the  ordinances,  by-laws,  or  police, 
or  health  regulations  made  in  pursuance  thereof,  shall  be  ,brought  in  the 
corporate  name  of  the  city. 

Fines,  imprisonment,  etc. — Sec.  180.  In  all  cases  of  the  imposition  of  any 
fine  or  penalty,  or  of  the  rendering  of  any  judgment  by  the  judge  of  the 
Municipal  Court,  pursuant  to  any  ordinance  or  by-laws  of  the  said  City  of 
St.  Paul,  or  pursuant  to  any  provision  of  the  charter  of  said  city  as  a  punish- 
ment for  any  offense,  or  for  the  violation  of  any  by-laws  or  ordinances  as 
aforesaid,  the  offender  shall  be  forthwith  committed  to  the  "workhouse  of 
said  city"  and  be  there  imprisoned  for  a  term  not  exceeding  three  (3)  months, 
in  the  discretion  of  the  Judge  of  the  Municipal  Court,  unless  the  fine  or 
penalty  aforesaid  be  sooner  paid  or  satisfied,  and  in  all  cases  where  the  punish- 
ment of  such  offender  shall  be  by  imprisonment,  such  imprisonment  shall 
be  in  the  said  "workhouse,"  and  from  and  after  the  time  of  arrest  of  any 
person  or  persons  for  any  offense  whatsoever  until  the  time  of  the  trial  of 
hearing,  the  person  or  persons  so  arrested  may  be  imprisoned  in  the  com- 
mon jail  of  Ramsey  county,  or  in  the  city  prison,  and  in  all  cases  where  the 
said  judge  of  the  Municipal  Court  is  or  may  be  authorized  to  commit  any 
person  or  persons  for  any  cause  by  virtue  of  the  provisions  of  the  charter  of 
said  city,  he  may  commit  such  person  or  persons  to  the  said  "workhouse." 

Appeals  by  City. — Sec.  181.  The  city  may  prosecute  an  appeal  in  all  cases 
to  the  District  Court,  or  to  the  Supreme  Court  of  the  state.  The  mayor,  in 
case  of  such  appeals,  or  in  any  action  or  proceeding  to  which  the  city  is  a 
party,  and  in  which  a  bond  may  be  necessary,  shall  execute  a  bond,  signed 
by  him  and  the  city  clerk,  who  shall  affix  the  corporate  seal  thereto,  conditioned 
as  may  be  necessary  in  such  action,  proceeding  or  appeal,  but  no  sureties  or 
justification  shall  be  required  for  said  bond.  Nor  shall  the  city  be  required 
in  any  case  to  file  a  bond  or  give  other  security  for  costs. 

Not  incompetent. — Sec.  182.  No  person  shall  be  an  incompetent  judge, 
justice,  witness  or  juror,  by  reason  of  his  being  an  inhabitant  of  said  city,  in 
any  proceeding  or  action  in  which  the  city  shall  be  a  party  in  interest. 

Process  in  suits  against  city. — Sec.  183.  Whenever  any  suit,  action  or 
proceeding  shall  be  brought  against  the  City  of  St.  Paul,  the  summons  or 
process  shall  be  served  on  the  mayor,  and  it  shall  be  the  duty  of  the  mayor 
to  forthwith'  inform  the  corporation  counsel  thereof,  who  shall  take  such 
other  proceedings  as  may  be  needful  to  defend  the  interests  of  the  city,  pro- 
vided that  the  court  in  which  any  complaint  may  be  filed,  or  any  judge  thereof, 
may  in  his  discretion  direct  such  other  or  further  notice  of  the  tendency  of 
such  action,  to  be  given  by  publication  or  otherwise,  as  to  the  court  or  any 
judge  thereof  may  seem  meet  and  proper. 


CHARTER  OF    CITY   OF   ST.   PAUL.  43 

Notice  of  damage  claims. — Sec.  184.  Before  the  City  of  St.  Paul  shall 
be  liable  to  any  person  for  damages  for,  or  on  account  of  any  injury  or 
loss  alleged  to  have  been  received  or  suffered  by  reason  of  any  defect  in  any 
bridge,  street,  road,  sidewalk,  park,  public  ground,  ferry  boat,  or  public  works 
of  any  kind  in  said  city,  or  by  reason  of  any  alleged  negligence  of  any  officer, 
agent,  servant  or  employe  of  said  city,  the  person  so  alleged  to  be  injured, 
or  some  one  in  his  behalf,  shall  give  to  the  council  of  said  city,  within  thirty 
days  after  the  alleged  injury,  notice  thereof;  and  shall  present  his  or  their 
claims  to  compensation  to  the  council  in  writing,  stating  the  time  when,  the 
place  where  and  the  circumstances  under  which  such  alleged  loss  or  injury 
occurred,  and  the  amount  of  compensation  or  the  nature  of  the  relief  demanded 
from  the  city,  and  such  body  shall  have  ten  days'  time  within  which  to  decide 
upon  the  course  it  will  pursue  with  relation  to  such  claim;  and  no 'action 
shall  be  maintained  until  the  expiration  of  such  time  on  account  of  such  claim 
nor  unless  the  same  shall  be  commenced  within  one  year  after  the  happening 
of  such  alleged  injury  or  loss. 

Records,  printed  compilations,  etc.,  as  evidence. — Sec.  185.  Section 
twenty-two  (22)  of  sub-chapter  twelve  (12)  of  Chapter  one  (1)  of  the  Special 
Laws  of  the  State  of  Minnesota  for  the  year  1874,  in  the  following  words 
shall  remain  in  full  force,  to-wit: 

"The  files,  papers  and  records  in  the  office  of  the  City  Clerk,  City  En- 
gineer, Commissioner  of  Public  Works,  or  any  other  officer  of  said  city,  or 
copies  thereof  duly  certified  by  the  officer  having  the  same  in  charge,  proofs 
of  publication  of  all  notices,  resolutions,  orders  or  proceedings  of  the  common 
council  or  commissioner  of  public  works,  required  to  be  published  under  this 
act,  on  file  in  the  proper  office,  or  copies  thereof  certified  by  the  officer  having 
the  same  in  charge,  shall  be  received  and*  read  in  evidence  in  all  courts  and 
places  without  further  proof.  All  printed  compilations  of  the  laws  and 
ordinances  of  the  city,  and  all  printed  publications  of  the  proceedings  of  the 
comrnon  council  or  of  the  commissioner  of  public  works  or  any  of  the  officers 
of  said  city,  if  published  or  purporting  to  be  published,  compiled  or  revised 
by  or  under  the  authority  of  the  said  city,  or  any  of  its  officers,  shall  be 
admissible  in  all  courts  of  law  and  on  all  other  occasions  in  this  state  as 
evidence  of  such  laws,  ordinances  and  proceedings." 

Record  of  deeds  where  city  is  a  party. — Sec.  186.  Section  6  of  Chapter 
92  of  the  Special  Laws  of  the  State  of  Minnesota  for  the  year  1881,  in  the 
following  words,  shall  remain  in  full  force,  to-wit:  "That  it  is  hereby  made 
the  duty  of  the  register  of  deeds  of  Ramsey  county  to  record  any  deed  or 
any  other  instrument  in  which  the  grantor  or  grantee  is  the  City  of  St.  Paul, 
without  requiring  the  same  to  be  certified,  'taxes  paid  and  transfer  entered 
or  paid  by  sale  of  land  described  within,'  any  general  laws  of  the  state  to 
the  contrary  notwithstanding.'* 


CHAPTER  XII. 

Commissioner  of  Finance. 

Custody  of  public  moneys  and  securities. — Sec.  187.  The  commissioner 
of  finance  shall  be  custodian  of  all  moneys,  and  also  of  all  promissory  notes, 
checks  and  other  commercial  instruments  for  the  payment  of  moneys  belong- 
ing to  the  city,  or  to  the  government  thereof  or  any  department  bureau  or 
activity,  and  all  other  commercial  instruments  for  the  payment  of  moneys 
belonging  to  the  city  or  to  said  departments,  bureaus  or  activities;  and  he 
shall  retain  the  same  until  they  shalh  have  been  disposed  of  by  law.  No 
moneys  or  securities  in  this  section  mentioned  shall  ever  be  loaned  in  any 
manner,  save  as  the  deposit  of  said  money  in  banks,  or  the  temporary  invest- 
ment of  the  same  in  the  modes  provided  in  this  charter,  may  have  the  legal 
efifect  of  a  loan  thereof.  Said  commissioner  shall  have  the  custody  and 
control  of  the  city  treasury  and  shall  be  responsible  for  its  administration. 


44  CHARTER   OF    CITY   OF   ST.   PAUL. 

May  appoint  deputy. — Sec.  188.  Said  commissioner  of  finance  shall 
appoint  a  deputy  commissioner  of  finance  at  a  salary  of  not  to  exceed  $2,000 
a  year,  and  may  place  in  his  hands  any  responsibility  or  function  in  connection 
with  the  discharge  of  official  duties  which  may  be  placed  by  law  upon  said 
commissioner,  but  he  shall  be  responsible  to  the  City  of  St.  Paul  for  all 
official  acts  whatever  of  said  deputy  or  any  other  acts  which  may  aflfect  the 
interests  of  said  city. 

City  depositories — Regulations — Bonds. — Sec.  188 [a].  The  commissioner 
of  finance  shall  deposit  daily  to  the  credit  of  the  city,  subject  to  payment  on 
demand,  all  moneys  or  funds  belonging  to  said  city  or  any  department,  bureau 
or  activity  thereof,  then  in  his  hands,  in  such  incorporated  banks  in  the  City 
of  St.  Paul,  national  and  state,  as  shall  be  determined  upon  and  designated 
by  the  sinking  fund  committee,  which  is  hereby  charged  with  the  duty  of 
designating  such  banks,  with  regard  to  their  financial  strength  and  safety; 
and  no  bank  shall  be  designated  which  has  been  reorganized  on  the  basis  of 
an  extension  of  time  for  the  payments  of  its  deposits  or  any  other  of  its 
obligations  until  after  such  deposits  or  other  obligations  have  been  paid  in 
full.  Said  committee  shall  fix  the  maximum  amount  to  be  so  deposited  in 
any  one  bank  which  shall  not  exceed  one-third  of  the  amount  of  its  full  paid 
and  unimpaired  capital  stock  and  surplus.  Provided,  however,  that  if  the  funds 
or  moneys  on  hand  belonging  to  the  city  at  any  time  shall  exceed  the  total 
amount  which  pursuant  to  the  foregoing  limitations  can  be  deposited  in  all 
the  banks  designated  by  the  committee,  the  commissioner  of  finance  shall 
under  the  direction  of  said  committee  deposit  such  excess  in  such  bank  or 
banks  as  may  then  have  given  bonds  with  personal  sureties,  up  to  the  full 
amount  of  such  bonds  in  each  case.  The  said  committee  may  direct  the  coni- 
missioner  of  finance  from  time  to  time  in  what  bank  or  banks  to  make  deposit 
and  to  what  amount,  or  amounts  within  the  limits  aforesaid,  and  from  what 
bank  to  withdraw  moneys  required  to  meet  the  obligations  of  the  city.  All 
checks  for  such  withdrawal  shall  be  signed  by  the  commissioner  of  finance. 

Before  any  moneys  are  deposited  in  any  bank  by  the  commissioner  of 
finance  said  banks  shall  execute  to  the  City  of  St.  Paul  proper  bonds  fully 
securing  the  City  of  St.  Paul  in  double  the  amount  of  the  deposit  authorized 
by  the  sinking  fund  committee.  The  council  shall,  by  ordinance,  provide  in 
detail  as  to  the  form,  amount  and  the  sufficiency  of  sureties  upon  said  bonds; 
provided,  that  the  security  shall  be  at  all  times  ample  and  provided  that  the 
bonds  are  conditioned  for  the  re-payment  to  the  city  by  any  and  all  deposit- 
ories on  demand  of  any  and  all  moneys  deposited  in  said  depositories  by  the 
commissioner  of  finance  or  any  other  officer  of  the  city  as  such.  Said  bonds 
shall  be  always  subject  to  the  approval  of  the  sinking  fund  committee  and 
of  the  council.  No  stockholder  in  a  bank  shall  be  accepted  as  surety  upon 
the  depository  bonds  of  said  banks  unless  investigation  has  shown  that  his 
financial  responsibility  could  not  be  seriously  affected  by  the  failure  of  said 
bank.  All  said  bonds  shall  run  for  one  year;  and  shall  be  renewed  whenever 
required  by  the  sinking  fund  committee;  said  committee  may  demand  new 
or  additional  bonds  whenever  it  may  see  fit. 

Sec.  189.  On  default  by  any  such  bond  in  the  condition  of  any  bond 
required  in  the  preceding  section,  it  shall  be  the  duty  of  the  comptroller  and 
of  the  commissioner  of  finance,  forthwith  to  notify  the  corporation  council 
and  mayor,  and  said  corporation  council  shall  at  once  take  steps  to  enforce 
liability  upon  said  bond  and  save  the  City  of  St.  Paul  harmless  from  loss 
or  expense.  No  bond  given  by  any  city  depository  under  the  provisions  of 
the  preceding  section  shall  lapse  no  matter  what  the  lirnitation  may  be  con- 
tained therein,  until  it  is  superseded  by  a  good  and  sufficient  bond  to  take  its 
place. 

May  deposit  securities. — Sec.  190.  In  lieu  of  the  bonds  from  city  de- 
positories provided  for  in  this  chapter,  said  depositories  are  hereby  authorized 
to  deposit  in  the  office  of  the  comptroller,  with  such  assignments  or  powers 
of  attorney  as  may  make  them  available  at  any  time  said  sinking  fund  com- 
mittee may  wish  to  realize  upon  them  for  the  protection  of  the  city,  as 
security  for  city  funds  to  be^  deposited  bonds  or  tax  levy  certificates  of  the 
City  of  St.  Paul,  of  face  value*  ten  per  cent  in  excess  of  the  maximum  amount 


CHARTER  OF   CITY   OF   ST.   PAUL.  45 

of  city  funds  to  be  placed  in  said  depositories.  Until  said  bonds  are  con- 
verted to  the  use  and  for  the  benefit  of  the  city  to  meet  the  failure  to  turn 
over  on  demand  any  deposit  of  city  funds  which  they  may  have  been  pledged 
to  secure,  they  shall  continue  to  bear  interest  for  the  bank  pledging  them, 
just  as  though  they  had  remained  in  the  custody  of  said  bank.  The  corpora- 
tion council  shall  prepare  and  the  council  shall  pass  an  ordinance  giving  full 
effect  to  the  provisions  of  this  section. 

Withdrawals  of  deposits. — ^Sec.  191.  Said  committee  shall,  whenever  in 
its  judgment,  the  greater  security  of  the  city's  money  requires  it,  direct  the 
commissioner  of  finance  to  withdraw  money  from  any  city  depository  bank 
and  deposit  it  in  another  bank,  subject  to  the  limitations  aforesaid,  and  the 
commissioner  of  finance  shall  comply  at  once  with  all  directions  and  instruc- 
tions of  the  committee  given  in  pursuance  hereof.  Whenever  the  commis- 
sioner of  finance  shall  make  a  deposit  in  any  one  of  such  banks  the  latter 
shall  forthwith  transmit  to  the  comptroller  a  duplicate  deposit  slip  thereof 
signed  by  an  ofificer  of  the  bank  and  one  of  its  tellers;  and  the  commissioner 
of  finance  shall  forthwith  deliver  to  the  comptroller  an  itemized  statement 
of  the  sources  from  which  the  moneys  so  deposited  were  received;  and  it 
shall  be  the  duty  of  th  ecomptroller  so  to  keep  the  accounts  of  his  oflice  as 
to  show  the  amount  belonging  to  each  fund  on  deposit,  and  the  bank  or 
banks  holding*  the  money  of  the  city  or  any  department,  bureau  or  activity 
thereof. 

Interest  on  daily  balances. — Sec.  192.  The  sfnking  fund  committee  shall 
make  such  agreement  with  banks  receiving  city  deposits  as  to  collect  for  the 
benefit  of  the  city  the  maximum  amount  of  interest  on  daily  balances  con- 
sistent with  the  safe  keeping  of  city  funds.  The  commissioner  of  finance 
shall  not  be  responsible  to  the  city  for  losses  sustained  while  following 
strictly  and  in  good  faith  the  directions  of  the  sinking  fund  committee  and 
the  procedure  laid  down  in  this  chapter. 

Interest  on  deposits. — Sec.  193.  All  interest  or  other  form  of  gain  or 
advantage  accruing  from  the  deposit  in  banks  of  public  moneys,  shall  accrue 
to  the  city  for  the  benefit  of  the  general  fund;  and  the  acceptance  or  receipt 
by  any  of^cer  of  the  city,  or  by  any  employe  of  the  city  or  any  of  its  depart- 
ments or  bureaus,  of  any  interest  or  advantage  from  any  such  deposit  shall 
be  malfeasance  in  office  by  such  recipient. 

Records  by  commissioner  of  finance. — Sec.  194.  Said  commissioner  of 
finance  shall  keep  a  full  and  complete  record  of  all  securities,  of  all  kinds 
coming  into  his  hands,  showing  the  disposition,  of  any,  thereof.  Whenever 
any  instrument  of  any  kind  shall  be  delivered  to  him,  he  shall  issue  duplicate 
receipt  therefor,  one  to  go  to  the  comptroller  and  the  other  to  be  counter- 
signed by  said  comptroller  and  delivered  to  the  person  surrendering  the 
instrument,  just  as  in  the  case  of  the  paying  of  funds  into  the  city  treasury. 

Appointment  of  subordinates. — Sec.  195.  S^id  commissioner  of  finance 
shall  appoint  in  accordance  with  the  provisions  of  this  charter  such  assistants, 
officers  and  employes  as  may  be  necessary  for  the  performing  of  the  duties 
imposed  upon  him  by  this  charter,  by  any  valid  law  and  by  any  valid  ordinance 
of  the  council.  On  his  recommendation  the  council  shall  determine  the 
duties,  title,  compensation  and  number  of  said  officers,  assistants  and 
employes.  They  shall  be  under  the  direction  and  control  of  said  commissioner 
of  finance  and  he  shall  have  the  power  of  removal  and  promotion  under  the 
restrictions  imposed  by  the  chapter  in  this  charter  relating  to  the  civil  service. 

Powers;  additional  duties. — Sec.  196.  Said  commissioner  of  finance  shall 
perform  such  other  duties  and  exercise  such  other  powers,  not  inconsistent 
with  the  provisions  of  this  charter,  as  the  council  may  by  ordinance  direct, 
or  this  charter  may  provide  for.  Wherever  in  any  law  of  the  state,  or  in 
any  ordinance  of  the  City  of  St.  Paul,  or  in  any  provision  of  this  or  any  other 
charter  of  the  City  of  St.  Paul,  the  city  treasurer  of  the  City  of  St.  Paul 
has  any  duty  imposed  upon  him  which  may  continue  under  this  charter,  or 
is  vested  with  any  power,  that  duty  shall  be  performed  or  that  power  exercised 
by  the  commissioner  of  finance,  provided  for   in  this  charter.     Said  office  of 


46  CHARTER  OF   CITY   OP    ST.   PAUL. 

city  treasurer  of  St.  Paul  is  hereby  abolished,  to  date  from  the  time  when 
the  commissioner  of  finance  first  selected  under  this  charter  shall  qualify 
and  take  over  the  duties  of  the  office  of  said  treasurer.  Wherever  in  this 
charter  the  term  "city  treasury"  or  treasurer"  is  used  in  such  a  context 
sense  as  to  imply,  impose  or  create  any  official  duty  or  responsibility  in 
connection  with  any  money,  property,  or  other  things  belonging  to  the 
City  of  St.  Paul,  or  in  which  said  city  is  in  any  manner  interested,  said  term 
or  terms  shall  mean  and  signify  "commissioner  of  finance,"  and  he  shall  be 
charged  personally  and  officially  with  the  implied,  created  or  imposed  duty 
or  responsibility. 

Commissioner  of  finance  shall  receive  moneys. — Sec.  197.  Except  as 
otherwise  provided  for  in  this  charter  or  by  the  state  laws,  all  moneys  pay- 
able to  the  city  or  to  any  department,  .bureau,  or  activity  of  its  government, 
shall  be  payable  only  to  the  commissioner  of  finance;  and  all  moneys  pay- 
able by  the  city  or  by  said  departments,  bureaus  or  activities,  shall  be  payable 
only  by  him. 

Tax  settlements — Payments  to  the  city  by  the  county  treasurer. — Sec.  198. 
Section  twelve  (12)  of  chapt_er  ninety-three  (93)  Special  Laws  of  the  State 
of  Minnesota,  for  the  year  one  thousand  eight  hundred  and  eighty-one  (1881), 
as  amended  by  Section  seventeen  (17),  Chapter  seven  (7),  Special  laws  of 
the  State  of  Minnesota  for  the  year  one  thousand  eight  hundred  and  eighty- 
five  (1885)  is  in  the  words  f&llowing,  to-wit: 

"Section  12.  That  it  is  hereby  made  the  duty  of  the  treasurer  of  the 
County  of  Ramsey,  in  the  collection  of  taxes  to  keep  a  set  of  books  so  as 
to  show  at  all  times  the  exact  amount  of  money  received  for  the  City  of 
St.  Paul,  and  for  the  board  of  education  of  the  City  of  St.  Paul,  and  that 
all  taxes  received  by  said  county  treasurer  for  the  City  of  St.  Paul,  and 
for  the  board  of  education  of  the  City  of  St.  Paul,  shall  be  distributed  as 
collected  on  the  books  of  said  county  treasurer  to  the  credit  of  said  City  of 
St.  Paul,  and  the  board  of  education  of  the  City  of  St.  Paul,  and  fifty  (50) 
per  cent  of  the  penalties  received  by  the  county  treasurer  for  delinquent  taxes 
shall  belong  to  and  shall  be  paid  to  the  treasurer  of  the  City  of  St.  Paul,  for 
the  use  of  said  city,  by  said  county  treasurer,  and  the  said  county  treasurer 
shall  on  the  first  of  each  and  every  month,  or  as  soon  thereafter  as  the 
same  may  be  demanded,  pay  over  to  the  city  treasurer  of  the  City  of  St. 
Paul  all  moneys  and  penalties  collected  the  previous  month  for  said  city, 
as  well  as  all  moneys  collected  for  the  board  of  education  of  said  city,  as 
shown  by  the  county  treasurer's  book  or  books." 

"And  it  is  hereby  made  the  duty  of  the  county  auditor  on  the  first  week 
day  of  each  and  every  month,  or  as  soon  thereafter  as  the  same  may  be 
demanded,  to  draw  his  warrant  upon  the  county  treasurer  in  favor  of  the 
city  treasurer  for  all  moneys  in  the  county  treasury  belonging  to  the  City 
of  St.  Paul,  and  the  board  of  education  of  the  City  of  St.  Paul,  as  near  as 
the  same  can  be  ascertained  from  the  books  of  the  county  treasurer." 

Sec.  199.  Said  section  twelve  (12)  as  set  forth  herein  above  shall  remain 
in  full  force  and  efifect,  provided  that  the  words  "city  treasurer,"  or  "treasurer 
of  the  City  of  St.  Paul,"  or  "city  treasurer  of  the  City  of  St.  Paul,"  wherever 
these  or  any  of  them  shall  appear,  shall  mean  commissioner  of  finance  of  the 
City  of  St.  Paul,  and  the  funds  directed  to  be  paid  for  the  benefit  of  the 
board  of  education  of  the  City  of  St.  Paul  shall  be  paid  to  said  city  for 
the  use  of  its  free  public  schools.  And  provided  further  that  all  penalties 
and  interest  collected  on  assessments  for  local  improvements  by  the  county 
treasurer  shall  belong  to  the  city  and  be  paid  over  to  the  commissioner  of 
finance. 


CHARTER  OF   CITY    OF   ST.   PAUL.  47 


CHAPTER  XIII. 

Budget — Public  expenditures. — Sec.  200.  It  shall  be  the  duty  of  the 
comptroller  not  later  than  August  15  of  each  year  to  transmit  to  the  city 
council  detailed  estimates  in  writing  of  the  expenses  of  the  city  for  the  next 
succeeding  fiscal  year,  and  of  the  revenue  necessary  to  meet  said  expenses. 
Said  comptroller  shall  have  full  power  and  authority  to  require  from  each 
head  of  an  administrative  department  of  the  City  of  St.  Paul  or  other  person 
in  control  of  expenditures,  specific  estimates,  in  such  form  as  said  comptroller 
may  prescribe,  of  the  expenses  of  his  department  for  the  next  succeeding 
fiscal  year,  the  expenditures  of  the  department  for  the  six  months  immediately 
preceding  June  30  next  preceding,  and  for  the  last  preceding  fiscal  year. 
Said  estimates  shall  be  placed  in  the  hands  of  the  comptroller  prior  to  August 
1  of  each  year.  Said  estimates  shall  be  so  itemized  as  to  show  clearly  the 
amounts  to  be  raised  for  each  purpose  necessary  to  carry  on  the  business 
of  the  city.  At  the  same  time  as  presenting  said  estimates  of  expenditures, 
the  comptroller  shall  also  submit  estimates  of  probable  revenue  from  taxation, 
probable  rate  of  direct  property  taxes  necessary,  and  probable  amount  of 
revenue  to  be  received  by  the  city  from  sources  other  than  direct  taxation 
for  the  next  succeeding  fiscal  year. 

In  said  report  of  budget  estimates  the  comptroller  shall  divide  said 
estimates  into  the  following  funds: 

1.  "The  city  officers*  salary  fund"  from  which  shall  be  paid  the  salaries 
of  all  officers  of  the  City  of  St.  Paul  elected  by  the  electors  of  St.  Paul. 

2.  "Fund  for  salaries  and  expenses  of  the  mayor's  office." 

3.  "Fund  for  salaries  and  expenditures  of  the  corporation  counsel's 
office." 

4.  "Fund  for  salaries  and  expenditures  of  the  city  clerk's  office." 

5.  "Contingent  fund,"  which  shall  be  limited  to  $10,000  in  any  fiscal  year. 

6.  .  "Finance  commissioner's  fund,"  from  which  shall  be  paid  all  salaries 
and  expenditures  of  that  department. 

7.  "Police  fund"  to  meet  all  police  expenditures. 

8.  "Fire  fund"  to  meet  all  fire  bureau  expenditures. 

9.  "Health  fund"  to  meet  all  health  bureau  expenditures. 

The  commissioner  of  public  safety  shall  apportion  to  these  three  funds  in 
submitting  estimates  to  the  comptroller,  such  expenses  of  his  office  as  are 
not  properly  chargeable  exclusively  to  either  the  police  fund,  the  fire  fund  or 
the  health  fund. 

10.  "Commissioner  of  public  works  fund"  from  which  shall  be  paid  all 
the  salaries  and  expenditures  of  all  except  persons  working  by  the  day  or 
hour,  who  are  employed  under  the  control  of  said  commissioner;  also  all 
expenditures  in  connection  with  his  office. 

11.  "A  street  construction  and  repair  fund"  to  meet  all  expenditures  for 
street  construction  and  repair  charged  to  city  revenues  under  this  charter. 

12.  "A  sewer  construction  and  repair  fund"  to  meet  all  expenditures  for 
sewer  construction  and  repair  charged  to  city  revenues  under  this  charter. 

13.  "A  street  and  sewer  cleaning  fund"  to  meet  all  expenditures  for 
street  and  sewer  cleaning. 

14.  "A  bridge  building  and  repair  fund"  to  meet  all  expenditure  for  the 
construction  and  repair  of  bridges  charged  to  city  revenues  under  this  charter. 

15.  "A  public  school  fund"  to  meet  all  school  expenditures. 

16.  "A  public  library  fund"  to  meet  all  public  library  expenditures,  and 
all  expenditures  for  art  galleries  and  museums. 

17.  "An  Auditorium  fund"  to  meet  all  expenditures  in  connection  with 
the  Auditorium. 

18.  "A  public  parks  fund"  to  meet  all  expenditures  for  public  parks  and 
squares  charged  to  city  revenue  under  this  charter. 

,19.  "A  public  playground  fund"  to  meet  all  expenditures  for  public 
playgrounds  other  than  school  playgrounds  charged  to  city  revenue  under 
this  charter. 


48      •  CHARTER   OF   CITY   OF  ST.   PAUL. 

20.  "A  public  building  fund"  to  meet  all  expenditures  in  connection  with 
the  office  of  inspector  of  buildings. 

21.  "Commissioner  of  public  utilities  fund"  to  meet  all  expenditures  in 
connection  with  the  city  business  under  the  direction  or  the  control  of  said 
commissioner,  unless  provided  for  by  more  specific  funds. 

22.  "Public  lighting  fund"  to  meet  all  expenditures  for  public  lighting 
not_  chargeable  to  a  more  specific  fund. 

23.  "Water  department  fund"  to  meet  all  expenditures  of  said  water 
department  charged  to  city  revenue  or  the  revenue  of  said  department. 

24.  "Board  of  control  fund"  to  meet  the  city's  portion  of  board  of  control 
expenditures. 

25.  "A  city  hall  and  court  house  fund"  to  meet  the  city's  share  of  city 
hall  and  court  house  maintenance. 

26.  "An  interest  fund"  to  meet  all  current  interest  payments  due  by  said 
city  within  the  fiscal  year. 

27.  "A  sinking  fund"  to  provide  additions  to  the  sinking  fund  for  the 
payment  of  bonds  at  maturity.  The  city  is  hereby  authorized  to  place  such 
sums  in-  this  fund  from  year  to  year  as  will  be  sufficient  to  pay  oflf  all  bonds 
at  maturity. 

28.  "A  redemption  of  bonds  fund"  to  provide  for  paying  the  principal  of 
any  certificates  of  indebtedness,  whether  against  current,  general  or  special 
assessments  to  mature  within  the  year  and  which  are  not  otherwise  provided 
for,  and  also  for  paying  the  principal  of  any  bonds  to  mature  within  the 
year  which  cannot  be  paid  out  of  the  sinking  fund  and  which  are  not  to  be 
refunded  or  otherwise  renewed. 

29.  "A  judgment  and  compromise  fund"  to  provide  a  fund  for  the  pay- 
ment of  any  docketed  and  unpaid  final  judgments  against  the  city,  and  all 
disputed  claims  which  are  compromised  and  settled  before  judgment. 

30.  "A  comptroller's  fund"  to  meet  all  expenditures  in  connection  with 
the  comptroller's  office. 

31.  "A  general  fund"  which  shall  provide  for  all  necessary  expenditures 
in  connection  with  the  government  of  the  City  of  St.  Paul  or  any  of  its  depart- 
ments, bureaus  or  activities,  charged  to  city  revenue,  and  not  provided  for 
in  the  funds  hereinabove  named.  Said  fund  shall  be  subdivided  in  said  report 
and  estimates  of  said  comptroller  and  specific  amounts  therein  shall  be 
provided  for  specific  purposes,  so  far  as  practicable.  Said  fund  may  contain 
an  item  of  $15,000  to  be  used  at  the  discretion  of  the  council  to  meet 
emergencies  due  to  disaster  or  castrophe  of  extraordinary  charter  within  the 
City  of  St.  Paul  or  in  any  other  community.  It  may  provide  for  paying 
the  expenses  of  delegates  to  represent  St.  Paul  at  important  conventions  and 
gatherings  outside  the  city,  but  the  appropriation  for  said  purpose  shall  not 
exceed  $3,000  in  any  fiscal  year. 

Limitations. — Sec.  201.  The  total  cost  of  the  government  of  the  City  of 
St.  Paul  in  any  one  calendar  or  fiscal  year,  with  the  exception  of  the  amount 
necessary  to  meet  maturing  bonds  or  levy  certificates  or  similar  obligations 
as  they  come  due,  shall  not  exceed  $24  per  capita  for  each  inhabitant  of  said 
city,  provided  that  the  cost  of  operating  public  utilities  where  this  cost  is 
met  by  revenues  collected  from  patrons  for  the  service,  or  from  other  like 
revenues,  shall  not  be  considered  part  of  the  cost  of  said  government.  And 
the  council  shall  have  no  authority  to  make  appropriations  in  excess  of  the 
limitation  named  herein. 

To  determine  the  population  upon  which  this  per  capita  limitation  shall 
be  based,  the  comptroller  and  the  city  council  shall  take  the  United  States 
census  figures  of  population  for  St.  Paul  last  announced  previous  to  the  com- 
pletion of  any  annual  budget,  and  shall  add  thereto  for  each  year  that  has 
elapsed  since  said  United  States  census  a  number  equal  to  one-tenth  of  the 
increase  in  the  population  of  the  City  of  St.  Paul  during  the  period  between 
said  census  and  the  last  previous  United  States  census.  It  is  the  intent  of 
this  section  that  this  limitation  shall  cover  all  governmental  outlay  as  well 
as  maintenance  of  government  whether  the  funds  are  supplied  by  taxation 
or  by  borrowing,  except  in  the  case  of  public  utilities,  as  above  excepted,  and 
in  the  case  of  local  improvements  paid  for  by  special  assessments. 


CHARTER   OF   CITY   OF   ST.   PAUL.  49 

Publication  of  report  and  public  hearing. — Sec.  202.  Upon  the  receipt 
of  the  comptroller's  report  the  council  shall  cause  the  same  to  be  published 
once  in  the  official  paper  of  the  city.  Ten  days  after  such  publication  said 
council  shall  hold  public  hearings  from  day  to  day  for  not  less  than  twenty 
days  at  such  times  and  in  such  manner  as  the  council  may  prescribe,  at  which 
all  residents  of  the  City  of  St.  Paul  desiring  to  be  heard  may  be  heard  in 
reference  to  any  of  said  estimates  or  any  item  thereof.  In  this  connection 
the  council  is  given  full  authority  to  establish  under  the  direction  of  the  city 
clerk  an  exhibit  of  diagrams,  models  or  other  devices  useful  in  explaining 
budget  items  to  the  public. 

Shall  fix  expenditures. — Sec.  203.  Upon  the  completion  of  said  hearings, 
and  not  later  than  December  15  of  each  year,  the  council  shall  by  ordinance 
to  be  adopted  by  a  four-seventh  vote  of  all  members  elected  to  said  council, 
fix  the  amount  of  expenditures  in  dollars  that  may  be  made  by  several  depart- 
ments, bureaus  or  activities  of  the  city  government  of  the  City  of  St.  Paul 
during  the  next  following  fiscal  year.  In  fixing  said  expenditures,  said 
council  shall  specify  as  to  the  expenditure  from  each  of  the  funds  in  this 
chapter  provided,  and  shall  make  appropriations  in  fullest  practicable  detail 
designating  the  purpose  of  each  expenditure  as  specifically  as  may  be.  In  so 
fixing  expenditures  the  council  shall  follow  closely  as  to  items  the  estimates 
of  the  city  comptroller.  In  determining  said  expenditures  said  council  shall 
not  increase  by  more  than  ten  per  cent  any  fund  beyond  the  estimates  of 
said  comptroller,  and  it  shall  not  increase  the  aggregate  of  all  appropriations 
more  than  three  per  cent  above  the  estimates  of  said  comptroller.  Said 
council  may  reduce  any  item  or  the  aggregate  of  all  items  as  much  as  it  may 
deem  consistent  with  public  interests.  If  the  council  shall  fail  to  fix  before 
December  31  of  any  year  the  amount  of  expenditures  for  the  next  succeeding 
year,  then  the  amount  of  said  expenditures  for  the  succeeding  year  shall  be 
the  same  as  the  expenditures  for  the  year  in  which  such  failure  shall  occur. 

May  veto  items. — Sec.  204.  The  mayor  shall  have  power  to  veto  any 
item  or  items  in  said  ordinance  without  affecting  the  validity  of  any  other 
item  or  items,  and  it  shall  require  an  affirmative  vote  of  five  councilmen  to 
pass  said  item  over  said  veto. 

Limitation — Temporary  loan. — Sec.  205.  No  department,  bureau,  activity, 
board  or  officer  of  said  city  shall  have  power  or  authority  to  expend  any  of 
the  public  moneys,  or  to  incur  any  liability  on  behalf  of  the  city  in  any  fiscal 
year  in  excess  of  any  fund  or  of  any  item  of  any  fund  as  fixed  by  the  council 
except  as  hereinafter  provided.  Violation  of  this  section  shall  be  deemed 
malfeasance  in  office  on  the  part  of  the  person  or  persons  violating  it,  and 
shall  make  such  person  personally  liable  to  the  other  contracting  parties  for 
the  excess  for  which  said  person  has  attempted  to  bind  said  city.  Provided 
that  in  the  year  1914  when  this  amendment  goes  into  effect,  if  there  is  any 
officer,  bureau,  department,  or  activity  created  by  this  amendment  which 
is  not  provided  for  in  the  budget  for  that  year,  then  the  council  may  by 
temporary  loan  provide  money  for  the  expenditures  of  said  officer,  bureau, 
department  or  activity  and  said  council  shall  provide  for  the  payment  of 
said  loan  in  the  budget  for  1915.  Said  loan  shall  not  bear  interest  in  excess 
of  six  per  cent  per  annum.  No  limitation  herein  contained  as  to  the  total 
expenditures  or  the  cost  of  city  government  shall  apply  to  the  levy  of  taxes 
to  pay  such  loan.  Should  any  part  (party)  of  the  general  fund  herein  be 
available  for  the  temporary  support  of  said  officer,  bureau,  department  or 
activity  for  the  year  1914,  the  council  may  so  apply,  it. 

Emergency  appropriations. — Sec.  206.  In  the  event  of  destruction  of 
or  injury  to  public  buildings  or  structures,  by  fire,  flood,  tornadoes  or  other 
elemental  causes,  or  of  the  invasion  or  threatened  invasion  of  the  city  by 
epidemic  or  contagious  diseases,  or  of  any  other  sudden  and  unexpected 
emergency  wherein  the  funds  appropriated  for  any  of  the  purposes  above 
and  in  this  chapter  provided  for  become  inadequate  properly  to  protect  the 
public  interests,  the  council  by  unanimous  vote  of  all  members  thereof  shall 
have  power  to  authorize  the  mayor  and  comptroller,  to  borrow  temporarily 
and  upon  such  terms  as   the   council   may  prescribe,   such   sum  or  sums   of 


50  CHARTER    OF   CITY   OF   ST.   PAUL. 

money  as  the  council  may  by  unanimous  vote  of  all  the  members  determine 
to  be  necessary  to  meet  such  emergency,  and  to  execute  and  deliver  to  the 
party  or  parties  maing  such  loan,  such  notes,  bonds,  or  other  evidences 
of  indebtedness  as  the  council  may  prescribe.  The  payment  of  such 
temporary  loans  shall  be  provided  for  either  by  issuing  bonds  therefor  or  by 
tax  levy  within  one  year  from  the  date  of  such  loan.  The  limitations  of 
section  of  this  amendment  shall  not  apply  to  such  loan.  All  acts  of  the 
council  under  this  section  must  be  approved  by  the  mayor  and  the  comp- 
troller by  signing  and  countersigning  the  ordinance  or  ordinances,  resolution 
or  resolutions  by  which  such  action  is  taken,  and  if  such  ordinance  or  ordi- 
nances, resolution  or  resolution  are  not  so  signed  and  countersigned,  they 
shall  be  void  and  of  no  effect. 

Unexpended  balances — Council  may  provide  for  retention. — Sec.  207. 
The  council  may  by  ordinance  provide  for  retaining  for  specific  purposes  by 
the  various  departments,  bureaus  or  activities  of  the  government  of  the  City 
of  St.  Paul,  of  balances  in  the  various  funds  at  the  end  of  the  year  after 
all  obligations  and  purposes  for  which  the  funds  were  appropriated  have 
been  provided  for.  Said  provisions  for  using  said  balances  shall  be  uniform 
for  all  departments,  bureaus  and  activities  of  the  city  government. 

Transfer  of  funds. — Sec.  208.  By  unanimous  action  of  the  council,  by 
resolution  approved  by  the  mayor  and  countersigned  by  the  comptroller, 
balances  remaining  in  budget  funds  may  be  transferred  from  item  to  item 
in  any  of  said  funds  when  by  doing  so  an  unavoidable  deficiency  in  one  item 
may  be  met  by  said  transfer  without  hampering  the  work  provided  for  by 
the  money  in  the  item  from  which  the  transfer  is  made. 

Unexpected  balances  disposed  of. — Sec.  209.  All  unexpended  balances 
in  any  funds  in  the  treasury  at  the  end  of  any  year  shall  be  deducted  from 
the  budget  appropriations  for  the  next  year  tor  the  funds  in  which  said  balances 
appear,  before  these  funds  are  provided  for  by  tax  levy  or  other  source  of 
city  revenue.  All  other  unexpended  balances  shall  revert  to  the  general 
fund.  "Unexpended  balance"  as  used  in  this  chapter  means  money  in  the 
city  treasury  at  the  close  of  any  fiscal  year  to  the  credit  of  any  fund  in  excess 
of  the  requirements  for  meeting  the  expenditures  lawfully  chargeable  to  that 
fund  in  the  same  and  prior  years,  including  the  interest  and  principal  of 
all  tax  levy  certificates  that  may  have  been  issued  to  provide  moneys 
therefor. 

Miscellaneous  receipts. — Sec.  210.  The  comptroller  shall  include  in  his 
report  of  estimates  of  city  expenditures  to  the  council,  as  heretofore  pro- 
vided for,  estimates  of  the  probable  receipts  within  the  next  succeeding  year 
from  sources  other  than  general  city  taxation  and  special  assessments,  or 
where  money  is  received  into  the  city  treasury  for  some  specific  use,  and. 
shall  detail  in  such  report  how  said  estimates  may  be  apportioned  to  the 
funds  in  this  chapter  above  provided  for.  In  January  of  each  year,  after 
the  annual  appropriations  for  the  city  government,  and  all  the  departments, 
bureaus  and  activities  thereof  have  been  fixed  for  said  year  as  hereinabove 
provided,  the  council  shall  by  ordinance  apportion  as  it  may  see  fit,  said 
miscellaneous  receipts  to  the  various  funds.  In  making  such  apportion- 
ment specific  sums  shall  be  assigned  to  each  fund  participating  herein  other 
than  the  general  fund,  and  to  the  general  fund,  the  residue  of  the  miscel- 
laneous receipts  shall  be  assigned,  after  the  amounts  specifically  apportioned 
to  said  funds  shall  be  paid. 

From  time  to  time  as  receipts  from  miscellaneous  sources  come  into 
the  treasury,  the  comptroller  shall  distribute  the  same  among  different  funds 
to  which  the  same  have  been  appropriated  by  the  council,  so  that  each  fund 
authorized  by  the  council  to  share  in  the  receipts,  shall  have  during  each 
fiscal  year  credited  to  it,  the  full  proportion  designated  by  the  council. 
Provided,  however  that  all  receipts  from  taxes  levied  by  chapter  285  of  *^^he 
laws  of  1911,  shall  be  apportioned  as  therein  provided. 

Property  subject  to  taxation. — Sec.  211.  All  property,  real  and  personal, 
within  the  city,  except  such  as  may  be  generally  exempt  from  taxation  by 
the  laws  of  the   state,  and  also  except  property  taxed  by  the  provisions  of 


CHARTER  OF    CITY   OF    ST.   PAUL.  51 

chapter  285  of  the  laws  of  1911,  shall  be  subject  to  taxation  for  the  sup- 
port of  the  city  government  of  the  City  of  St.  Paul  and  all  departments, 
bureaus  or  activities  of  said  government  supported  or  provided  for  in  whole 
or  in  part  by  taxation,  and  said  property  shall  be  assessed  as  provided  by 
law. 

Tax  levy. — Sec.  212.  After  the  council  shall  have  made  the  apportion- 
ment of  revenue  from  miscellaneous  sources  among  the  several  funds,  as 
provided  in  this  charter,  it  shall  not  later  than  the  month  of  January  in  each 
year  proceed  to  make  a  tax  levy  upon  all  taxable  property  within  the  city, 
as  nearly  as  may  be  equal  to  the  aggregate  amount  of  the  previously  made 
appropriations  for  each  of  the  funds  specified  in  this  chapter,  after  deducting 
therefrom  miscellaneous  receipts  assigned  to  it,  and  any  unexpended  balance 
of  the  corresponding  fund  of  the  previous  year,  available  for  said  fund, 
and  also  such  further  sum  or  sums  of  money  as  the  council  may  have 
reason  to  believe  will  be  received  for  the  credit  of  said  fund  from  any 
other  source.  All  such  tax  levies  shall  be  itemized  and  the  amount  levied 
for  each  fund  be  separately  stated  therein. 

Copy  to  county  auditor. — Sec.  213.  After  making  of  such  tax  levy,  a 
duly  authenticated  copy  thereof  shall  be  forthwith  transmitted  by  the  city 
clerk  to  the  county  auditor  of  Ramsey  county,  who  shall  cause  the  same 
to  be  entered  upon  the  tax  duplicate  of  said  county,  and  to  be  collected 
at  the  times  and  in  the  manner  prescribed  by  the  general  laws  of  this 
state  relating  to  the  levy  and  collection  of  taxes. 

Water  department  revenues  kept  separate. — Sec.  214.  All  receipts  and 
revenues  of  the  water  department  shall  be  kept  separate  and  distinct  from 
the  other  revenues  and  income  of  the  city,  and  shall  be  exclusively  applied 
to  the  payment  of  the  expense  of  conducting  the  business  of  that  department, 
the  repairs  and  maintenance  of  the  plant  and  property  constituting  the 
public  water  works,  the  payment  of  the  interest  and  principal  of  all  the  bonds 
heretofore  or  hereafter  issued  by  the  city  for  the  acquisition,  extension, 
renewal  or  improvement  of  said  works,  and  the  payment  for  such  future 
extensions  and  improvements  of  the  same  as  may  be  made  by  the  city. 

School,  library  and  Auditorium  revenues. — Sec.  215.  The  revenues,  if 
any,  derived  respectively  from  the  public  schools  of  the  said  school  district, 
the  auditorium  or  the  public  library,  shall  belong  to  the  respective  funds 
provided  for  the  maintenance  of  said  schools,  auditorium  and  library. 

The  public  funded  debt — Bonded  indebtedness — Interest — Sinking  fund. 
Sec.  216.  Save  as  provided  otherwise  in  this  charter  the  present  bonded  or 
permanent  debt  of  the  city  shall  not  be  increased;  nor  shall  any  new  bonds 
to  the  city  be  issued  except  as  provided  by  law. 

The  council  is  fully  authorized  and  empowered  to  provide  by  taxation 
for  the  prompt  payment  of  interest  and  for  a  sinking  fund  sufficient  to  meet 
such  bonds  of  the  city  at  maturity  whether  heretofore  issued  or  hereafter  to 
be  issued. 

Issue  of  bonds. — Sec.  217.  The  council  shall  have  power  by  a  five- 
sevenths  vote  to  authorize  the  issue  of  bonds 'for  the  purpose  of  refunding 
bonds  previously  issued  as  the  same  become  due  if  the  funds  in  the  sink- 
ing fund  properly  applicable  to  such  maturing  bonds  are  not  sufticient  to, 
pay  and  discharge  the  same;  and  also  for  the  purpose  of  creating  or  preserv- 
ing a  permanent  improvement  revolving  fund,  or  funds  as  provided  for  in 
this  charter.  All  refunding  bonds  so  issued  shall  be  negotiated  by  the  sink- 
ing fund  committee,  hereinafter  provided  for,  and  no  part  of  any  issue  of 
bonds,  either  for  refunding  other  bonds  or  creating  or  preserving  a  per- 
manent improvement  revolving  fund  or  funds  shall  be  sold  or  used  in  ex- 
change for  bonds  of  a  previous  issue,  at  a  less  price  than  the  full  face 
value  thereof  with  accrued  interest,  nor  shall  any  bond  or  any  proceeds  of 
any  bonds  issued  for  refunding  or  renewing  bonds  of  a  previous  issue,  be- 
used  for  any  other  purpose  than  of  retiring  or  renewing  such  prior  bonds. 
And  no  bond  or  any  part  of  the  proceeds,  of  any  bond  issued  for  the  pur- 
pose   of    creating    or    preserving    a    permanent    improvement    revolving    fund. 


52  CHARTER   OF   CITY   OF   ST.   PAUL. 

or  funds,  shall  be  used  for  any  other  purpose  than  the  specific  purpose  for 
which  the  same  may  be  issued.  No  other  bonds  shall  be  issued  unless  the 
council  by  a  five-sevenths  affirmative  vote  of  all  the  members  elect  shall  vote 
to  issue  the  same  and  unless  the  question  whether  such  bonds  shall  be  issued 
shall  be  submitted  to  and  approved  by  a  majority  of  the  electors  voting  upon 
the  question  at  a  general  or  a  special  election. 

Provided  that  the  council  may  by  a  five-sevenths  affirmative  vote  of  all 
the  members  elect,  upon  request  of  the  water  board,  and  without  submitting 
the  question  first  to  the  voters  of  the  city,  issue  and  sell  bonds  of  the  city 
for  the  purpose  of  extending,  enlarging  and  improving  the  public  water 
works  plant,  and  the  water  works  system  owned  and  operated  by  the  said 
city,  but  no  more  than  $100,000  par  value  of  said  bonds  shall  be  issued  in 
any  one  calendar  year  and  not  more  than  $300,000  in  the  aggregate  shall  be 
authorized  under  this  clause. 

When  such  water  bonds  or  any  of  them  are  issued  or  sold,  it  shall 
be  the  duty  of  the  water  board  to  make  suitable  provision  from  the  revenues 
of  said  water  plant  for  the  prompt  payment  of  all  current  interest  on  said 
bonds  as  the  same  accrues,  and  for  the  redemption  of  said  bonds  at  their 
maturity.  Provided  further  that  all  bonds  authorized  to  be  issued  by  chapter 
163  and  164  of  the  laws  of  1911,  may  be  issued  by  a,  five-sevenths  vote  of 
the  council  and  without  submitting  the  same  to  a  vote  of  the  electors 
of  the  city,  and  said  chapters  163  and  164  are  each  continued  in  full  force 
and  effect  notwithstanding  any  of  the  provisions   of  this  charter. 

No  bonds  shall  be  issued  except  for  the  purpose  of  refunding  maturing 
bonds  as  heretofore  provided,  when  thereby  the  aggregate  bonded  indebted- 
ness of  the  city  over  and  above  any  bonded  indebtedness  held  in  the  sinking 
fund  and  bonds  issued  for  the  construction,  maintenance,  extension,  enlarge- 
ment and  improvement  of  the  water  works,  or  of  the  lighting  plants  or 
other  public  utility  owned  and  operated  by  the  city,  or  for  the  acquisition  of 
property  needed  in  connection  therewith,  or  for  the  creation  or  maintenance 
of  a  permanent  improvement  revolving  fund,  or  bonds  or  certificates  of 
indebtedness  issued  for  the  purpose  of  anticipating  the  collection  of  general 
taxes  for  the  year  in  which  issued,  shall  exceed  ten  per  cent  of  the  taxable 
or  assessed  valuation  of  the  property  taxable  in  the  city;  but  this  limitation 
shall  not  apply  to  the  amount  issuable  of  any  of  the  bonds  above  enumerated, 
which  are  excepted  from  the  class  of  bonds  making  up  such  ten  per  cent 
aggregate  bonded  indebtedness. 

Faith  and  credit  of  the  city  pledged. — Sec.  218.  The  faith  and  credit 
of  the  city  is  hereby  pledged  irrevocably  for  the  prompt  and  faithful  pay- 
ment of  the  bonded  indebtedness  of  said  city,  and  the  interest  thereon,  as  in 
the  bonds  provided. 

Sinking  fund. — Sec.  219.  A  sinking  fund  to  be  used  for  the  payment 
and  retirement  of  bonded  indebtedness  of  the  city  shall  be  and  is  hereby 
created   out  of  moneys  derived  from  the  following   sources: 

1.  Such  taxes  as  the  council  may  from  time  to  time  lawfully  levy  for 
that  purpose. 

2.  Proceeds  of  the  sale  of  any  city  property  not  appropriated  within  a 
year  for  the  purchase  of  other  property  for  public  use. 

3.  Taxes  levied  for  any  department  which  may  cease  to  exist  without 
expending  the  funds  derived  from  said  taxes,  and  which  is  not  succeeded  by 
another  department  covering  the  same  general  work. 

4.  The  surplus  from  any  special  assessment  after  all  legal  demands 
upon  said  assessment  have  been  met. 

5.  Surplus  revenues  of  the  water  department  not  required  in  improving 
or  extending  the  water  works  or  in  paying  principal  or  interest  of  the 
specific  debt  incurred  on  account  of  said  department.  Provided  that  before 
any  portion  of  said  water  department  surplus  is  added  to  the  general  city 
sinking  fund  the  council  and  the  water  board  must  so  direct  by  unanimous 
action  of  all  members  elect,  and  the  mayor  and  comptroller  must  approve. 

6.  Any  other  moneys  coming  into  the  city  treasury  not  otherwise  appro- 
priated by  law  or  by  this  charter. 


CHARTER  OF  CITY  OF  ST.  PAUL.  53 

Sinking  fund  committee. — Sec.  220.  The  sinking  fund  shall  be  under  the 
management  of  a  committee  to  be  known  as  the  sinking  fund  committee 
composed  of  the  mayor,  comptroller  and  the  commissioner  of  finance,  of  which 
the  mayor  shall  be  ex-officio  president  and  the  comptroller  ex-ofBcio  secre- 
tary. All  moneys  and  securities  belonging  to  this  fund  shall  be  kept  entirely 
separate  and  distinct  from  all  other  funds  belonging  to  the  city,  and  records 
and  accounts  of  the  same  shall  at  all  times  be  kept  showing  the  exact 
amount  and  condition  of  said  funds  and  containing  a  complete  description 
of  all  securities  belonging  to  the  same.  And  the  comptroller  shall  keep  full 
and  accurate  minutes  of  all  the  proceedings  of  said  committee  in  a  book  to 
be  provided  and  kept  by  him  for  that  purpose.  Said  committee  shall  have 
such  further  powers  and  duties  as  are  conferred  and  imposed  upon  it  by  this 
charter. 

Investments  from  sinking  fund. — Sec.  221.  As  fast  as  the  moneys  accumu- 
late in  the  sinking  fund,  the  sinking  fund  committee  shall  cause  them  to 
be  invested  in  securities  of  the  description  following  and  not  otherwise,  that 
is  to  say: 

1.  The  bonds  of  the  City  of  St.  Paul. 

2.  The  interest  bearing  certificates  of  the  City  of  St.  Paul. 

3.  Interest  bearing  bonds  of  the  county  of  Ramsey  in  this  state. 

4.  Interest  bearing  bonds  of  the  state  of  Minnesota,  or  of  the  United 
States,  or  of  any  other  state  which' shall  not  at  any  time  previously  have 
defaulted  in  the  interest  and  the  principal  of  its  bonded  debt. 

5.  Interest  bearing  bonds  of  any  county  of  the  state  of  Minnesota, 
lawfully  issued  for  any  purpose  other  than  to  aid  in  the  construction  of  a 
railway,  or  to  refund  railway  aid  bonds  previously  issued. 

The  several  classes  of  investment  for  the  sinking  fund  shall  be  given 
preference  so  far  as  practicable  in  the  order  named  above. 

All  bonds  purchased  by  the  sinking  fund  committee  shall  be  stamped 
"Property  of  the  City  of  St.  Paul  transferable  only  on  endorsement  of  the 
sinking  fund  committee." 

Sinking  fund  income. — Sec.  222.  The  gain  or  income  arising  from  any 
moneys  or  securities  held  for  the  sinking  fund  shall  belong  to  the  said  fund 
and  used  for  the  same  purpose  as  the  moneys  or  securities  from  which 
said  gain  arises. 

Purchase  and  sales. — Sec.  223.  Members  of  the  sinking  fund  committee 
shall  make  all  purchases  for  the  sinking  fund  with  a  view  to  serving  the 
best  interests  of  the  city.  Funds  in  the  sinking  fund  applicable  to  the 
purpose  shall  be  used  for  the  purpose  of  paying  maturing  bonds,  and  all  bonds 
so  paid  shall  forthwith  be  canceled  and  filed. 

Attest  to  bonds — Coupons — Forms. — Sec.  224.  All  bonds  issued  by  the 
city  shall  be  signed  by  the  mayor  and  countersigned  by  the  comptroller,  and 
have  thereto  attached  the  corporate  seal  of  the  City  of  St.  Paul  attested 
to  by  the  City  Clerk.  Coupons  issued  with  any  such  bond  may  be  authen- 
ticated by  the  engraved  signature  of  the  mayor,  and  the  counter-signature 
of  the  comptroller.  Except  as  otherwise  provided  by  law  the  form  of  bonds 
issued  by  the  city  shall  be  determined  by  the  sinking  fund  committee  with 
the  advice  of  the  corporation  counsel. 

Tax  levy  certificates — Certificates  of  indebtedness — Counsel  may  author- 
ize 80  per  cent  of  tax  levy. — Sec.  225.  As  soon  as  the  tax  levy  for  any  year 
has  been  transmitted  to  the  county  auditor,  the  council  may  by  ordinance 
to  be  adopted  by  a  four-sevenths  vote  of  all  the  members  elect,  cause  to  be 
issued  and  sold  by  the  sinking  fund  committee  certificates  of  indebtedness 
in  anticipation  of  the  collection  of  taxes  for  any  of  the  funds  named  in 
the  tax  levy;  but  the  total  amount  of  the  principal  of  all  such  certificates 
issued  in  any  one  year  for  any  fund,  shall  not  exceed  eighty  per  cent  of  the 
amount  included  in  the  tax  levy  of  the  same  year  for  such  fund. 

Maturity — Interest  rate — Denominations. — Sec.  226.  No  such  certificates 
shall  be  made  to  mature  at  a  later  date  than  the  fifteenth  day  of  November 
of  the  year  following  that  in  which  the  same  shall  be  issued   and  the  rate 


54  CHARTER  OF  CITY  OF  ST.  PAUL. 

of  interest  shall  not  exceed  six  per  cent  per  year,  payable  semi-anually.. 
The  certificates  issued  for  each  fund  shall  constitute  a  separate  series,  which 
shall  be  consecutively  numbered  and  state  upon  the  face  thereof,  the  fund 
for  which  the  same  are  issued  and  the  total  amount  of  the  tax  levy  for  such 
fund  for  the  year.  Such  certificates  may  be  issued  in  denominations  of 
$100  or  any  multiple  thereof  up  to  $5,000,  as  the  committee  may  from  time 
to  time  find  necessary  or  convenient  in  the  sale  of  such  certificates.  Such 
certificates  may  have  interest  coupons  attached,  and  may  be  made  payable  at 
such  place,  to  be  fixed  by  the  council  as  shall  seem  best  calculated  to  pro- 
mote their  sale. 

Principal  and  interest  first  charge  upon  tax  receipts. — Sec.  227.  The 
principal  of  said  certificates  shall  be  payable  solely  out  of  the  taxes  levied 
for  the  fund  on  whose  account  such  certificates  were  sold,  and  for  the  cor- 
responding fund  in  prior  years,  and  the  liability  of  the  city  of  any  such 
series  of  certificates  of  the  coupons  issued  therewith,  shall  be  limited  to  the 
faithful  and  ratable  application  to  payment  thereof  of  the  amounts  of  such 
taxes  which  shall  be  collected  and  paid  into  the  city  treasury,  and  as  the 
same  are  received  by  the  treasury;  but  interest  at  the  rate  named  in  any 
such  certificates  shall  run  upon  any  unpaid  principal  thereof,  after  maturity, 
until  such  principal  and  the  interest  accruing  thereon  shall  have  been  fully 
paid  as  herein  provided  unless  the  holder  of  such  certificates  fails  to  present 
the  same  for  payment.  The  principal  of  the  series  of  certificates  sold  in  any 
one  year  on  account  of  any  fund  shall  be  a  first  charge  on  the  moneys 
received  by  the  city  treasury  from  the  taxes  levied  for  such  fund  in  the  year 
in  which  such  certificates  were  sold;  and  no  part  of  such  moneys  shall  be 
used  for  any  other  purpose  until  the  principal  and  the  interest  of  such  series 
of  certificates  shall  have  been  paid  or  the  moneys  for  the  payment  thereof 
have  been  set  apart  in  the  city  treasury.  All  interest  on  said  certificates  shall 
be  paid  out  of  the  interest  fund. 

Proceeds  of  sale. — Sec.  228.  No  part  of  the  moneys  arising-  from  the 
sale  of  any  such  certificates  shall  be  used  for  any  other  purpose  than  that 
of  the  fund  on  account  of  which  such  certificates  were  sold,  except  as  other- 
wise provided  in  this  charter. 

Sale  of  certificates. — Sec.  229.  In  the  sale  of  such  certificates  the  sinking 
fund  committee  shall  so  act  as  to  get  the  maximum  returns  for  the  city.  No 
certificates  shall  be  delivered  until  the  price  in  full  has  been  first  paid  into 
the  city  treasury.  Complete  records  of  all  sales  and  payments  shall  be  kept 
by  the  comptroller  and  the  commissioner  of  finance. 

Form  of  certificates. — Sec.  230.  Such  certificates  shall  be  signed  by  the 
mayor  and  countersigned  by  the  comptroller  and  shall  bear  the  corporate 
seal  of  the  city  attested  by  the  city  clerk,  and  shall  bear  the  date  on  the  day 
of  issuance  thereof.  Said  certificates  shall  be  in  such  form  as  approved  by 
the  sinking  fund  committee  with  the  advice  of  the  corporate  counsel. 
Interest  coupon  for  interest  accruing  before  maturity,  and  signed  by  the 
mayor  and  countersigned  by  the  comptroller,  may  be  attached  to  such 
certificates.     Such  signatures   may  be  engraved  on  said  coupons. 

Minimum  price — Time  of  sale. — Sec.  231.  No  such  certificates  shall  be 
sold  for  less  than  par  and  accrued  interest  or  issued  after  the  close  of  the 
year  in  which  the  tax  levy  against  which  the  same  was  issued  was  made. 
Such  certificates  shall  be  sold  at  such  time  or  times  on  or  after  the  fifteenth 
of  June  in  the  year  in  which  they  are  issued,  and  in  such  amounts  as  the 
sinking  fund  committee  may  deem  most  expedient  and  calculated  to  secure 
the  best  results  and  provide  for  the  needs  of  the  city. 

Surplus  moneys  may  be  invested. — Sec.  232.  The  council  may  by  reso- 
lution passed  by  five-sevenths  vote  of  all  the  members  temporarily  invest 
the  surplus  of  any  moneys  in  the  treasury  belonging  to  any  fund  in  the 
purchase  of  certificates  of  the  kind  aforesaid  issued  on  account  of  anothe'r 
fund;  and  any  such  certificates  so  purchased  shall  be  held,  collected  and 
paid  for  the  sole  use  and  benefit  of  the  fund  to  which  the  purchase  money 
thereof  belonged.    . 


CHARTER  OF  CITY  OF  ST.  PAUL.  55 


CHAPTER  XIV. 

Local  Improvements  and  Assessments  Therefor. 

General  Powers. — Sec.  233.  The  municipal  corporation  of  the  City  of 
St.  Paul,  by  and  through  its  council,  is  hereby  vested  with  and  authorized  and 
empowered  to  exercise  the  following  powers: 

(1)  From  time  to  time,  to  acquire  for  present  or  future  public  use  by 
purchase,  gift,  devise  or  condemnation  any  and  all  lands  or  easements  there- 
in for  the  following  public  uses  and  purposes: 

(a)  For  parks,  public  playgrounds,  parkways  and  boulevards;  for  pub- 
lic markets,  public  buildings,  school  buildings,  hospitals,  museums,  art  gal- 
leries, libraries,  and  grounds  for  each  of  the  aforesaid  buildings;  for  opening, 
widening,  extending,  straightening  and  altering  any  street,  lane,  alley,  boule- 
vard, parkway  or  other  public  thoroughfare  or  highway;  for  harbors,  levees, 
boat  landings  and  approaches  thereto;  for  garbage,  reduction  and  rendering 
plants;  for  gas,  electric  lighting  and  power  plants,  and  for  any  other  public 
purpose   or  use. 

(b)  For  easements  in,  over,  under  and  across  the  property  of  persons 
and  corporations,  for  streets,  bridges,  approaches,  culverts,  viaducts,  ditches, 
sewers,  wires,  mains  and  conduits  and  other  public  purposes  and  uses. 

(c)  For  easements  for  the  construction  of  slopes,  retaining  walls,  for 
cuts  and  fills  upon  real  property  on  any  street,  boulevard,  parkway  or  other 
public  street,  thoroughfare  or  highway,  or  for  any  other  public  use  or  pur- 
pose. 

(2)  To  change  the  grade,  to  grade,  to  pave,  with  any  kind  of  material 
or  pavement,  to  curb,  to  boulevard,  to  wall,  to  bridge,  any  street,  alley, 
lane,  parkway,  boulevard  or  other  public  thoroughafre  or  highway;  and  to 
construct  and  lay  sidewalks  and  crosswalks  of  any  material,  to  construct  and 
lay  sewers  wherever  necessary;  to  construct  conduits  and  areaways  for  gas, 
telephone,  electric  and  other  wires,  and  other  instrumentalities  to  be  placed 
underground  in  any  street,  alley,  lane,  parkway,  boulevard  or  other  public 
thoroughfare  or  highway,  and  to  repair  and  replace  any  of  the  aforesaid 
improvements,  now  or  hereafter  existing. 

(3)  To  drain  marshes,  ponds  and  swamps  and  fill  the  same;  to  abate 
nuisances;  to  grade,  fill,  improve,  protect  and  ornament  any  public  park, 
public  square  or  grounds;  to  plant  and  protect  ornamental  shade  trees  in 
any  street,  parkway  or  boulevard;  and  to  erect  and  install  ornamental  light, 
and  sign  posts,  and  drinking  fountains  in  any  square,  park  or  public  grounds,' 
or  on  and  along  any  street,  parkway  or  boulevard;  and  to  repair  and  replace 
any  of  the  aforesaid  improvements. 

Gradual  Condemnations — Building  lines. — Sec.  234.  In  the  opening,  widen- 
ing, extension,  straightening,  or  alteration  of  any  street,  alley,  lane,  boule- 
vard, parkway  or  other  public  thoroughfare  or  highway,  the  council  may,  in 
its  discretion,  and  by  a  four-sevenths  vote  of  all  its  members  elect,  adopt  and 
carry  out  the  following  procedure: 

(1)  Determine,  fix,  and  establish  certain  boundary  or  building  lines,  on, 
over  and  along  any  street,  alley,  lane,  parkway,  Doulevard,  or  other  public 
thoroughfare  or  highway.  When  such  boundary  or  building  lines  shall  have 
been  determined,  fixed  and  established,  the  council  shall  thereupon  take  and 
condemn  or  order  the  taking  and  condemnation  of  any  and  all  land  or  lands 
being  and  lying  within  and  between  said  boundary  or  building  lines  separate 
and  distinct  from  any  building  or  structure  situated  on  said  land  or  lands. 

(2)  When  such  land  or  lands  shall  have  been  so  taken  or  condemned, 
the  council  shall  thereupon  forbid  and  prohibit  the  erection  or  construction 
between  such  boundary  or  building  lines,  or  any  new  building  or  structure 
except  such  temporary  buildings  or  structures,  not  to  exceed  one-story  or 
twenty-five  (25)  feet  in  height,  as  such  council  shall  permit  or  allow,  for 
such  time  and  upon  such  terms  and  conditions  as  it  may  impose  or  provide, 
provided,  however,  that  such  terms  and  conditions  shall  at  all  times  be  con- 


56  CHARTER  OF  CITY  OF  ST.  PAUL. 

strued  to  be  a  license  only,  revocable  by  said  council  upon  thirty  days'  notice 
thereof  to  such  licensee. 

(3)  When  the  council,  by  ordinance,  shall  determine  that  any  street, 
alley, ^  lane,  parkway,  boulevard  or  other  public  thoroughfare  or  highway, 
containing  such  boundary  or  building  lines,  shall  be  opened,  widened,  extended, 
straightened  or  altered  for  actual  public  use  and  enjoyment  to  its  full  width 
and  extent  or  to  the  limits  of  said  boundary  or  building-lines,  the  council 
shall  thereupon  take  and  condemn  or  order  the  taking  and  condemnation  of 
any  and  all  permanent  buildings  or  structures  or  so  much  as  may  be  neces- 
sary, remaining  or  standing  on  any  and  all  lands  being  within  and  lying 
between  such  boundary  or  building  lines,  and  at  the  same  time,  remove  or 
cause  the  removal  of  any  and  all  temporary  buildings  or  structures  aforesaid. 

Cost  of  improvements — How  paid. — Sec.  235.  The  cost  of  any  one  or 
more  of  the  improvements  aforesaid  shall  be  borne,  met,  and  paid  for  by 
the  levy  of  an  assessment  or  assessments  therefor  upon  the  property  deemed 
benefitted  thereby.  And  any  two  or  more  of  the  improvements  aforesaid  may 
be  made  at  the  same  time  and  part  of  the  same  proceeding,  and  the  assess- 
ments therefor  likewise  levied  and  collected. 

Provided,  however,  that  nothing  herein  shall  prevent  the  council  from 
appropriating  sufficient  money  from  the  general  funds  of  said  city  to  pay 
the  cost  of  any  improvement  of  street  intersections  and  crosswalks  therefor. 

Drainage  districts. — Sec.  236.  As  soon  as  practicable  the  commissioner 
of  public  works  shall  prepare  maps  and  charts  showing  the  natural  drainage 
areas  within  the  city  of  St.  Paul  and  report  the  same  to  the  council.  And, 
thereupon  the  council,  by  ordinance,  shall  carve  out  and  divide  the  city  into 
certain  drainage  districts  or  areas,  as  nearly  as  practicable  co-terminous  with 
the  natural  drainage  areas  of  said  city,  which  districts  shall  be  known  us 
"drainage  districts."  Thereafter  the  cost  of  any  main  or  trunk  sewei  drain- 
ing any  one  or  more  of  such  drainage  districts  shall  be  assessed  equally 
on  each  lot,  part  or  parcel  of  land  within  said  drainage  district  or  districts  in 
such  proportion  as  the  number  of  square  feet  contained  in  said  lot,  part  or 
parcel  of  land  bears  to  the  total  number  of  square  feet  contained  in  such 
district  or  districts  so  drained,  provided,  however,  that  each  and  every  lot, 
part  or  parcel  -of  land  abutting  or  fronting  on  the  line  of  such  main  or 
trunk  sewer  shall  have  been  first  assessed  the  approximate  cost  of  a  lateral 
sewer  necessary  to  drain  such  abutting  property  in  accordance  with  the 
benefits  conferred  thereon,  and  the  remainder  of  the  cost  of  said  main  or 
trunk  sewer  only  after  said  front  foot  assessment  has  been  deducted  shall 
be  assessed  upon  said  drainage  district  as  above  provided. 

Park  districts. — Sec.  237.  As  soon  as  practicable,  the  commissioner  of 
public  works  shall  prepare  maps  showing  the  natural  topographical  areas 
and  divisions  of  the  city,  and  report  the  same  to  the  council.  Thereupon 
the  council,  by  ordinance,  shall  carve  out  and  divide  the  city  into  certain  areas 
or  districts,  not  less  than  three,  which  districts  shall  be  known  as  "park 
districts,"  and  the  cost  of  acquiring  any  land  or  lands  for  or  the  making  of 
any  improvement  in  any  park,  play-ground  or  public  square  within  any  one 
or  more  of  said  districts  shall  be  assessed  against  the  property  within  said 
district  or  districts  in  accordance  to  the  benefits  conferred  thereon. 

Lateral  sewer,  water  and  gas  connections. — Sec.  238.  The  council  is 
hereby  authorized  and  empowered,  whenever  a  sewer  is  ordered  built,  to 
include  in  such  order  the  construction  as  far  as  the  property  line  of  all 
lateral  connections  and  private  drains  that  may  be  deemed  expedient  or 
necessary,  or  whenever  a  street  or  other  public  highway  is  paved,  to  include 
in  such  order  the  consturction  as  far  as  the  property  lines  of  all  sewer, 
water  and  gas  connections  that  may  be  deemed  expedient  or  necessary  and 
the  same,  except  gas  conections,  to  be  assessed  upon  the  property  specially 
benefitted  thereby. 


CHARTER  OF  CITY  OF  ST.  PAUL.  57 

Inauguration  of  Public  Improvements. 

Procedure. — Sec.  239.  Whenever  any  one  or  more  of  the  aforesaid  im- 
provements is  contemplated  or  desired,  it  shall  be  inaugurated  and  carried  out 
in   the   following  manner,   except  as   may   be   hereinafter  modified. 

Preliminary  order. — Sec.  240.  Upon  the  written  application  of  three  or 
more  interested  owners  of  property  which  may  be  subject  to  an  assessment 
for  benefits  for  an  improvement  or  improvements  set  out  in  such  applica- 
tion, or  upon  the  written  proposal  therefor  by  any  councilman,  the  council, 
by  a  resolution  to  be  known  as  a  "preliminary  order,"  may  order  and  direct 
the  commissioner  of  public  works  to  investigate  the  necessity  for  or  de- 
sirability of  any  such  improvement  or  improvements  set  out  in  such  pre- 
liminary order,  the  nature,  extent  and  estimated  cost  of  each  such  improve- 
ments and  the  total  thereof,  a  plan,  profile  or  sketch  of  each  thereof,  to- 
gether with  such  other  data  or  information  as  the  council  may  desire  or  re- 
quire, and  report  the  same  to  the  commissioner  of  finance.  The  said  com- 
missioner of  finance  shall  thereupon  forthwith  investigate  and  determine  what 
lots,  parts  or  parcels  of  land  or  real  property  may  be  assessed  benefits  to 
defray  the  cost  of  such  improvement  or  each  of  said  improvements,  the  total 
estimated  amount  of  such  assessment  for  each  improvement  and  the  total 
of  all  improvements,  together  with  a  statement  of  the  assessed  valuation  on 
each  lot,  part  or  parcel  of  land  or  real  property  as  last  reported  by  the 
county  assessor;  and  report  the  same  to  the  council  together  with  the  report 
made  to  him  by  the  said  commissioner  of  public  works. 

Intermediary  order. — Sec.  241.  Upon  the  reception  of  such  report  from 
the  commissioner  of  finance,  the  council  shall  consider  the  same,  modify  or 
refer  the  same  for  further  information,  or  approve  the  same.  When  a  report 
shall  be  approved  or  adopted  the  council  by  resolution  to  be  known  as  an 
"intermediary  order,"  shall  determine  to  proceed  with  the  same,  or  to  dis- 
continue the  same.  In  case  such  intermediary  order  shall  discontinue  such 
improvement  or  improvements,  then  thereupon  all  action  and  proceedings 
shall  fall  and  cease,  and  no  such  improvement  or  improvements  named  in 
the  preliminary  order  therefor  shall  be  again  inaugurated  or  made  except 
upon  a  new  preliminary  order,  and  no  such  preliminary  order  shall  be  intro- 
duced or  passed  for  a  period  of  six  (6)  months  after  the  adoption  of  such 
intermediary  order.  In  any  intermediary  order  which  shall  provide  for 
proceeding  with  such  improvement  or  improvements,  the  council  shall  state 
the  nature  of  the  improvement  or  improvements  which  it  recommends  and 
any  and  all  alternatives  therefor,  which  it  may  deem  advisable  together  with 
the  cost  of  each,  and  it  shall  also  fix  a  time  and  place,  not  less  than  twenty 
(20)  days  after  the  passage  of  such  order,  for  a  public  hearing  on  such  im- 
provement or  improvements. 

Not  less  than  ten  (10)  days  prior  to  the  time  set  for  such  hearing,  the 
commissioner  of  finance  shall  mail  to  every  known  owner  at  his  last  known 
address,  or  to  the  agent,  of  property  subject  to  an  assessment  therefor,  a  post- 
card stating  the  time  and  place  for  such  hearing,  the  nature  of  the  improve- 
ment or  improvements  proposed,  and  such  other  information  as  the  council 
may  direct. 

Hearing — Final  order. — Sec.  242,  At  the  time  and  place  fixed  in  such 
intermediary  order,  the  council  shall  hear  all  persons  and  all  objections  and 
recommendations  relative  to  the  improvement  or  improvements  named  in 
such  intermediary  order.  Thereafter,  the  council  may  reconsider  such  inter- 
mediary order,  and  determine  to  discontinue  such  improvement  or  improve- 
ments, or  it  may  proceed  to  adopt  a  resolution,  to  be  known  as  a  "final 
order,"  wherein  shall  be  stated  the  precise  nature,  extent  and  kind  of  im- 
provement or  improvements  which  shall  be  made,  and  instruct  and  direct 
the  commissioner  of  public  works  to  prepare  plans  and  specifications  there- 
for, and  proceed  with  the  making  of  such  improvement  or  improvements. 

Petition  of  remonstrance. — Sec.  243.  No  public  improvement,  the  cost, 
or  any  part  of  which,  shall  be  paid  by  an  assessment  on  the  property  deemed 
benefitted,  shall  be  made  if  a  petition  of  remonstrance  as  hereinafter  pro- 
vided is  filed  with  the  council  at  any  time  prior  to  the  passage  and  adoption 


58  CHARTER  OF  CITY  OF  ST.  PAUL. 

of  the  final  order  therefor.  And  no  further  action  shall  be  taken  therein 
and  all  proceedings  had  theretofore  shall  be  of  no  force  and  effect  and  no 
other  or  new  preliminary  order  for  such  improvement  or  improvements  so 
petitioned  against  shall  be  introduced  for  a  period  of  six  (6)  months  from 
and  after  the  filing  of  such   petition. 

Such  petition  shall  describe  the  improvement  or  improvements  and  shall 
be  signed  by  not  less  than  sixty  (60)  per  cent  of  the  resident  owners,  or 
their  agents,  of  such  property  aforesaid  representing  not  less  than  fifty  (50) 
per  cent  of  the  lineal  frontage  on  the  line  of  such  improvement,  or  when 
such  basis  shall  be  impracticable  then  sixty  (60)  per  cent  aforesaid  represent- 
ing not  less  than  fifty  (50)  per  cent  of  the  parcels  of  land  so  assessed. 

Each  signer  shall  write  his  name  and  place  of  residence,  or  where  an 
agent  shall  sign,  the  name  of  such  owner  by  his  agent  and  the  place  of 
residence  of  such  owner,  give  a  description  of  the  property  owned  or  repre- 
sented, and   the  lineal  feet  frontage  of  the  same  when  required  as  aforesaid. 

Such  petition  may  consist  of  several  papers,  but  the  names  on  each 
separate  paper  or  portion  thereof  shall  be  certified  to  under  oath  by  one  of 
the    signers    thereof. 

Provided,  however,  that  no  such  petition  of  remonstrance  shall  have  any 
force  or  effect  whenever  the  council,  by  a  resolution  adopted  by  a  five- 
sevenths  vote  of  all  its  members  elect  including  the  mayor,  and  adopted 
within  twenty  (20)  days  from  and  after  the  filing  of  such  petition,  shall  de- 
clare such  improvement  or  improvements   to  be   a  public  necessity. 

Assessments  For  Local  Improvements. 

Preliminary  assessment. — Sec.  244.  After  the  cost  of  the  construction 
of  any  improvement  or  improvements  for  which  an  assessment  may  be  levied, 
has  been  determined  either  by  the  letting  of  a  contract  or  contracts  therefor, 
or  as  otherwise  provided  for  in  this  charter,  the  commissioner  of  finance 
shall  ascertain  the  amount  of  all  expenditures  for  published  notices,  post- 
cards theretofore  and  thereafter  to  be  incurred,  the  cost  of  all  construction 
work  including  an  estimated  amount,  not  to  exceed  two  per  cent  of  the  cost 
of  such  construction,  for  inspection,  all  court  fees  for  confirmation  of  such 
assessment,  and  other  disbursements,  and  thereupon  proceed  to  assess  and 
levy  the  total  amount  so  ascertained  upon  each  and  every  lot,  part,  and  parcel 
of  land  or  lands  deemed  benefitted  by  such  improvement  or  improvements, 
and  in  the  case  of  each  lot,  part,  or  parcel  of  land,  in  accordance  with  the 
benefits  deemed  conferred  thereon.  Upon  the  completion  of  such  assess- 
ment the  said  commissioner  shall  report  the  same  to  the  council. 

Final  assessment. — Sec.  245.  When  such. assessment  hereinbefore  provided 
for  has  been  reported  by  said  commissioner,  the  council  shall  proceed  to 
consider  the  same,  revise,  modify  or  refer  same  to  said  commissioner  for 
revision  or  modification.  After  such  assessment  is  satisfactory  to  the  council, 
it  shall  by  resolution  approve  the  same,  and  thereupon  fix  a  time  and  place 
for  a  public  hearing  on  the  same,  which  shall  not  be  less  than  twenty  (20) 
days  after  the  adoption  of  such  resolution.  The  commissioner  of  finance 
shall  forthwith  give  notice  of  such  hearing  in  the  same  manner  as  herein- 
before in  section  241. 

At  such  hearing  or  any  time  thereafter  the  council  may  modify,  revise 
amend  such  assessment,  and  when  such  assessment  is  satisfactory  to  the 
council,  it  shall  thereupon  by  resolution  ratify  such  assessment  and  order  the 
same  to  be  submitted  to  the  District  Court  for  confirmation  as  hereafter 
provided. 

Judicial  confirmation. — Sec.  246.  Upon  the  ratification  of  such  assess- 
ment as  hereinbefore  provided,  the  commissioner  or  finance  shall  file  a 
certified  copy  of  such  assessment  with  the  Clerk  of  the  District  Court  in  and 
for  Ramsey  County,  and  such  assessment  roll  shall  contain  a  description 
of  such  improvement  or  improvements  as  shown  by  the  Final  Order  for 
which  such  assessment  was  levied,  the  names  of  the  persons  whose  names 
each  lot,  part  or  parcel  of  land  stands  assessed  as  shown  by  the  last  assessed 
valuation  thereof  by   the  County  Assessor,   a  description  of  each   parcel  and 


CHARTER  OF  CITY  OF  ST.  PAUL.  59 

the  amount  of  the  assessment  against  the  same  set  opposite  thereto.  The 
filing  of  such  assessment  roll  shall  have  the  same  effect  as  the  filing  of  a 
complaint. 

Thereafter  the  said  commissioner  of  finance  shall  cause  to  be  published 
at  least  once  in  the  official  paper  of  said  city,  a  notice  in  the  following  form 
and  manner: 

"STATE  OF  MINNESOTA,  1  DISTRICT  COURT. 

y  ss. 

County  of   Ramsey.  J  Second  Judicial  District. 

THE  STATE  OF  MINNESOTA,  to  all  persons,  companies,  or  cor- 
porations who  have  or  claim  any  estate,  right,  title,  or  interest  in,  claim  to 
or  lien  upon,  any  of  the  following  parcels  of  land  described  in  the  list  hereto 
attached: — 

The  list  of  assessments  on  real  property  for  the  local  improvement  or 
improvements  made  in  the  City  of  Saint  Paul  known  and  described  as 
follows: — (Here  insert  the  nature  of  the  improvement  or  irnprovements  as 
shown  by  the  Final  Order,)  has  been  filed  in  the  office  of  the  clerk  of  the 
district  court  of  said  county,  of  which  that  hereto  attached  is  a  copy.  There- 
fore, you,  and  each  of  you,  are  hereby  required  to  file  in  the  office  of  the 
said  clerk,  on  or  before  the  twentieth  (20th)  day  after  the  publication  of  this 
notice  and  list,  your  answer,  in  writing,  setting  forth  any  objection  or  defense 
you  may  have  to  the  confirmation  of  such  assessment,  or  any  part  thereof, 
upon  any  parcel  of  land  described  in  said  list,  and  in  default  thereof,  said 
assessment  will  be  confirmed  and  judgment  will  be  rendered,  but  not  docketed, 
for  assessment  on  said  list  appearing  against  it. 

(Signed) 

Clerk  of  the  District  Court  of  Ramsey  County. 
(Here  insert  list). 

As  to  platted  property,  the  form  of  heading  shall  conform  to  circum- 
stances and  be  substantially  in   the  following  form. 

City  of  Saint  Paul 
(Brown's  Addition  or  Subdivision.) 

Name  of  owner.  Lot.  Block.  Total    Assessment. 

$cts. 
(John   Smith)  (1)  (22)  ($5.09.) 

Unplatted  property  shall  be  placed  under  a  separate  column  and  be  sub- 
stantially in  the  following  form: 


City  of  Saint  Paul 

UNPLATTED 

1   PROPERTY. 

Township    (Forty) 

Range   (Thirty-two) 

.• 

Subdivision 
of   Section. 

Section. 

Total 

Assessment. 

(S.  E.  %) 

(5) 

$         cts. 
(9.87.) 

Name    of   Owner. 
(James  Brown) 

The  names^  descriptions  and  figures  employed  in  parantheses  in  the  above 
forms  are  merely  for  the  purposes  of  illustration. 

The  name  of  the  township,  range,  city,  and  addition  or  subdivision,  as  the 
case  may  be,  shall  be  repeated  at  the  head  of  each  column  of  the  printed 
lists  as  brought  forward  from  the  preceding  column. 

Hearing — ^Jurisdictional  defects. — Sec.  247.  Upon  due  publication  of  such 
notice,  and  of  which  the  filing  of  an  affidavit  of  publication  as  by  laws  in 
such  cases  made  and  provided  shall  be  due  proof,  the  court  shall  be  deemed 
to  have  acquired  full  and  complete  jurisdiction  to  hear  and  determine  such 
proceeding  at  the  next  special  term  thereof  following  the  expiration  of  the 
time  aforesaid,  or  during  the  months  of  July,  August  and  September,  three 
days  thereafter,  or  in  both  cases,  as  soon  thereafter  as  practicable. 


60  CHARTER  OF  CITY  OF  ST.  PAUL. 

The  only  defenses  and  objections  to  the  said  assessment  shall  be: 

1.  That  there  is  no  valid  Final  Order  for  such  improvement  or  improve- 
ments. 

2.  That  the  assessment  is  fraudulent,  or  made  upon  a  demonstrable 
mistake  of  fact,  or  upon  an  illegal  or  erroneous  principle  of  law. 

The  jurisdiction  of  the  Court  shall  not  be  affected  by  any  error,  act  or 
omission,  except  as  heretofore  provided,  prior  to  the  filing  of  such  assess- 
ment list  with  the  clerk,  nor  by  any  mistake  in  copying  the  list  for  publica- 
tion, or  in  publishing  the  same,  nor  by  reason  of  the  assessment  having 
been  charged  in  any  other  name  than  that  of  the  person  to  whom  the 
same  is  assessed  as  heretofore  provided,  nor  by  any  mistake  in  the  amount 
of  the  assessment  in  such  published  list  appearing  against  any  parcel  of 
land  therein  described,  nor  any  other  mistake  or  error  not  affecting  the  sub- 
stantial right  of  any  person. 

At  such  hearing,  the  court  may  modify,  alter,  amend,  revise  the  whole  or 
any  part  of  such  assessment,  or  strike  out  any  parcel  of  land  therefrom  upon 
the  ground  that  no  benefits  inured~therto,  or  it  may  direct  the  commissioner 
of  finance  so  to  do  in  accordance  with  the  terms  of  its  order,  and  there- 
after without  notice  submit  the  same  to  the  court  for  its  approval. 

Whenever  any  assessment  shall  be  approved  by  the  court,  it  shall  make 
an  order  confirming  such  assessment  and  render  judgment  against  each  lot, 
part  or  parcel  of  land  for  the  amovmt  of  the  assessment  set  opposite  thereto. 

Certified  copy. — Sec.  248.  After  confirmation  and  judgment  as  herein- 
before provided,  the  clerk  of  the  district  court  aforesaid  shall  deliver  to  the 
commissioner  of  finance  a  certified  copy  of  such  assessment  roll  as  confirmed 
by  the  said  court. 

Comptroller's  audit. — Sec.  249.  The  commissioner  of  finance,  before  filing 
with  the  clerk  of  the  district  court  aforesaid  any  assessment-roll  shall  de- 
liver the  same  to  the  comptroller  for  his  audit  thereof  and  any  objections 
thereto  made  by  said  comptroller  shall  forthwith  be  reported  to  the  council 
for  its  action  thereon. 

Before  the  commissioner  of  finance  shall  publish  any  notice  for  the 
collection  of  any  assessment,  or  before  he  shall  deliver  to  the  county  auditor, 
as  hereinafter  provided,  any  certified  copy  of  any  installment  of  any  assess- 
ment, or  a  list  of  delinquent  installments  or  assessments,  he  shall  first 
submit  such  assessment  roll,  or  certified  copy  of  installments,  or  list  of  de- 
linquents, as  the  case  may  be,  to  the  comptroller  for  his  audit  and  approval 
thereof. 

In  none  of  the  cases  aforesaid  shall  the  comptroller  retain  such  docu- 
ment in  his  possession  for  more  than  ten  days. 

Effect  of  confirmation  and  judgment. — Sec.  250.  When  such  assessment 
shall  be  confirmed  and  judgment  rendered,  as  hereinbefore  provided,  against 
each  lot,  part  or  parcel  of  land,  the  same  shall  be  final  and  conclusive  upon 
all  persons  and  parcels  of  property,  except  that  the  same  may  be  subject  to 
review  by  the  Supreme  Court  as  in  other  civil  actions,  provided,  however, 
that  an  appeal  be  taken  therefrom  within  twenty  (20)  days  from  and  after 
such  confirmation  and  a  notice  of  such  appeal  be  served  upon  the  commis- 
sioner of  finance  and  proof  of  such  service  filed  with  the  clerk  of  said  court 
and  provided  further,  that  such  person  or  persons  appealing  shall  also  file 
with  said  clerk  within  the  time  aforesaid  a  bond  with  such  .sureties  and  in 
such  an  amount  to  be  approved  by  the  court  or  a  judge  thereof,  conditioned 
for  the  payment  of  the  amount  for  which  judgment  shall  be  rendered  and 
the  penalties  and  costs  allowed  by  law,  if  the  decision  of  the  district  court 
shall  be  affirmed. 

And  provided  further,  that  such  appeal  and  any  judgment  thereunder  shall 
affect  only  such  lots,  parts  and  parcels  of  land  named  in  such  notice  of  appeal, 
and  that  the  assessment  as  to  all  other  parcels  shall  be  the  same  as  if  no 
appeal  had  been  taken. 

Re-assessment  or  new  assessment. — Sec.  251.  In  all  cases  where  an 
assessment  is  not  confirmed  and  judgment  is  denied  against  any  lot,  part  or 
parcel  of  land,   and   where  such   assessment  is  not   determined   by  the   court 


CHARTER  OF  CITY  OF  ST.  PAUL.  61 

-or  under  its  direction,  then  the  commissioner  of  finance  and  the-  council 
without  any  order,  resolution  or  other  act  shall  proceed  to  make  a  re-assess- 
ment or  new  assessment  in  the  same  maoner  as  hereinbefore  provided  in 
sections  244  to  250,  inclusive,  of  this  charter,  and  the  same  shall  be 
collected  and  enforced  in  the  same  manner  as  other  assessments,  and  such, 
parcels  may  be  assessed  and  re-assessed  for  any  cause  as  often  as  may  be 
necessary  until  each  separate  lot,  part  or  parcel  of  land  has  paid  its  propor- 
tionate share  of  the  cost  of  such  improvement  or  improvements,  as  nearly 
as  may  be.  In  case  the  amount  of  such  re-assessment  or  new  assessment 
shall  be  less  than  the  first  assessment  upon  such  lot,  part  or  parcel  of  land 
re-assessed,  then  the  deficit  shall  be  paid  out  of  the  general  revenues  of  said 
city. 

Inadequate  assessments. — Sec.  252.  If  in  any  case  the  first  assessment 
levied  shall  prove  insufficient  to  pay  fully  the  cost  of  any  improvement  or 
improvements,  the  commissioner  of  finance  and  the  council  shall  forthwith 
proceed  to  assess  and  re-assess  the  necessary  amount  upon  the  property 
deemed  benefitted  by  such  improvement  or  improvements  to  pay  the  cost 
theerof. 

Improvements  on  private  property. — Sec.  253.  Property  owners  may  be 
allowed  to  construct  any  improvement  upon  or  through  tlrefr  own  property 
at  their  own  expense,  in  such  cases  and  upon  such  terms,  and  under  such 
regulations  as  the  council,  by  ordinance,  may  prescribe  from  time  to  time, 

Unforseen  obstacles. — Sec.  254.  If  the  council,  in  carrying  out  the  pro- 
visions of  this  charter  should  find  any  unforseen  obstacles,  not  provided  for, 
in  the  making  of  any  improvement  or  improvements,  the  council,  may,  by 
resolution,  order  such  changes  or  modifications  in  such  improvement  or 
improvements  to  meet  such  unforseen  obstacles  as  the  said  council  may  deem 
equitable,  just  and  necessary,  either  before  or  after  the  confirmation  of  any 
assessment,  or  at  any  time  while  the  work  of  such  improvement  or  improve- 
ments is  in  progress,  and  the  additional  expense  occasioned  by  such  change 
or  modification  may  be  included  in  the  original  assessment  or  raised  by  an 
additional  assessment  upon  the  property  deemed  benefitted  thereby  to  the 
extent  of  such  benefits. 

Rule  for  assessments. — Sec.  255.  It  shall  be  the  duty  of  the  commis- 
sioner of  finance  and  the  council,  in  estimating  the  benefits  to  any  par- 
ticular lot,  part  or  parcel  of  land,  to  take  into  consideration  the  nature  of  the 
interest  therein,  the  formand  position  of  their  several  parcels  of  land,  the 
qualified  rights  of  the  owners  in  reference  to  its  employment  and  any  other 
circumstances  which  render  the  proposed  improvements  more  or  less  bene- 
ficial to  him  or  them,  and  the  determination  and  assessment  or  estimate  of 
benefits  deemed  accruing  to  said  property  by  said  commissioner  of  finance 
and  council  shall  be  final,  except  as  otherwise  herein  provided. 

Adverse  possession. — Sec.  256.  No  right,  title,  estate  or  easement  of  the 
City  of  Saint  Paul  in  or  to  any  property  shall  be  prejudiced  or  lost  by  an 
adverse  possession  or  occupancy. 

Non-assessable  improvements. — Sec.  257.  Where  the  cost  and  expense  of 
any  of  the  following  improvements,  viz: — A  change  of  grade,  condemnation 
of  any  land  or  an  easement  therein  does  not  exceed  the  sum  of  two  hundred 
($200)   dollars,  the   same  shall  be  paid  out  of  the  general  funds  of  the  city. 

Collections  of  Improvement  Assessments. 

Asessments — How  payable. — Sec.  258.  At  the  same  time  that  the  council, 
as  hereinbefore  provided,  shall  ratify  any  assessment,  it  shall  in  such  resolu- 
tion determine  and  provide  in  what  number  of  installments,  not  to  exceed 
ten  (10)  installments,  the  assessment  against  any  lot,  part,  parcel  of  land 
shall,  or  may  be,  paid.  Provided,  however,  that  any  assessment  upon  any 
lot,  part  or  parcel  of  land  amounting  to  ten  dollars  ($10)  or  less  for  said 
lot,  part  or  parcel  shall  be  paid  in  but  one  payment. 


62  ^  CHARTER  OF  CITY  OF  ST.  PAUL. 

Lien  of  assessment. — Sec.  259.  The  cost  of  any  improvement  and  the 
assessment  levied  and  assessed  and  against  any  real  property  under  the 
provisions  of  this  charter  shall  ^  be  a  perpetual,  paramount  and  continuing 
lien  upon  the  real  estate  upon  which  the  same  may  be  imposed  from  and 
,  a-fter  the  confirmation  of  such  assessment  as  hereinbefore  provided  and  until 
the  same  is  paid,  provided,  however,  that  as  between  grantor  and  grantee, 
vendor  and  vendee  and  mortgagor  and  mortgagee,  the  lien  of  such  asses- 
ment  shall  attach  as  follows: 

(1)  Where  such  assessment  is  payable  in  one  installment,  then  on  and 
from  the  day  of  the  publication  by  the  commissioner  of  finance  of  a  notice 
as  hereinafter  provided,  for  its  payment. 

(2)  When  such  assessment  may  be  paid  in  two  or  more  installments, 
then  the  lien  of  the  first  installment  shall  attach  on  and  from  the  day  of  the 
publication  by  the  commissioner  of  finance  of  a  notice,  as  hereinafter  pro- 
vided, for  its  payment,  and  the  lien  of  each  subsequent  installment  shall 
attach  on  the  first  Monday  of  January  of  the  year  for  which  such  installment 
is  certified  for  'collection  to  the  County  Auditor  of  Ramsey  County  by  the 
commissioner  of  finance. 

The  lien  of  such  assessment  or  of  any  installment  of  such  assessment 
shall  be  of  equal  rank  with  the  lien  of  the  state  for  taxes  which  have  or 
may  be  levied  upon  said  property  under  the  general  laws  of  the  state,  and 
the  general  rules  of  law  as  to  priority  of  tax  liens  shall  apply  equally  to  the 
lien  of  such  assessment  or  installments  thereof.  And  to  such  liens  for  gen- 
eral taxes  with  the  same  force  and  efifect  as  though  all  of  the  liens  aforesaid 
and  all  the  taxes  and  the  assessments  and  installments  aforesaid  were  of  the 
same  general  character  and  imposed  for  the  same  purpose  and  by  the  same 
authority  without  regard  to  the  priority  in  point  of  time  of  the  attaching 
of  either  of  said  liens,  and  a  sale  or  perfecting  of  title  under  either  shall  not 
bar  or  extinguish  the  other.  The  enforcement  of  the  liens  of  any  installment 
shall  not  operate  to  give  the  same  superiority  over  subsequent  unpaid  in- 
stallments. No  assessment  or  sale  made  pursuant  to  this  charter  shall 
extinguish  or  afifect  the  lien  of  the  city  under  an  assessment  previous  to  the 
adoption  of  this  charter. 

Notice  for  payment — Delinquency. — Sec.  260.  Whenever,  after  confirma- 
tion and  audit  thereof,  any  assessment  roll  is  delivered  by  the  comptroller  to 
the  commissioner  of  finance,  the  said  commissioner  shall  forthwith  proceed 
to  collect  the  same,  or  the  first  installment,  as  the  case  may  be  and  shall 
forthwith  cause  to  be  published  in  the  official  paper  a  notice  that  the  pay- 
ment of  such  assessment,  or  the  first  installment,  as  the  case  may  be,  is 
thereby  demanded,  and  that  unless  the  same  be  paid  within  the  time  here- 
inafter provided,  the  same  will  be  declared  delinquent  and  the  penalties  here- 
inafter provided  will  attach. 

At  the  same  time  of  such  publication,  the  said  commissioner  shall  also 
mail  to  the  owner,  or  his  agent,  at  the  last  known  address,  of  any  property 
so  assessed,  a  post-card  to  the  same  efifect,  but  the  failure  so  to  do  shall  in 
no  way  efifect  or  prejudice  the  collection  of  such  assessment  or  installment, 
nor  the  attaching  of  any  penalty. 

Any  assessment,  or  first  installment,  as  the  case  may.  be,  which  shall 
not  be  paid  within  thirty  (30)  days  from  and  after  the  publication  of  the 
notice  aforesaid  shall  be  and  become  delinquent,  and  the  said  commissioner 
shall  forthwith  add  to  the  amount  of  any  assessment,  or  first  installment,  as 
the  case  may  be,  assessed  against  any  lot,  part  or  parcel  of  land,  so  delin- 
quent, a  sum  equal  to  ten  (10)  per  cent  of  such  assessment  or  installment, 
delinquent,  and  in  addition  thereto,  the  said  commissioner  shall  collect  in- 
terest on  such  assessment,  or  first  installment,  delinquent  at  the  rate  of  six 
per  cent  per  annum  from  the  day  of  such  delinquency  until  the  day  of 
payment,  provided  the  same  be  paid  before  the  first  day  of  November  fol- 
lowing such  delinquency. 

Delinquent  assessments  collectible  by  county. — Sec.  261.  Not  later  than 
the  first  day  of  November  of  each  and  every  year,  the  said  commissioner 
shall  certify  to  the  county  auditor  of  Ramsey  County  a  list  of  each  and 
every  lot,  part  or  parcel  of  land   against  which  there  is  a  delinquent  assess- 


CHARTER  OF  CITY  OF  ST.  PAUL.  63 

ment,  or  first  installment,  not  theretofore  certified,  the  amount  of  such  assess- 
ment, or  first  installment,  and  the  amount  of  the  penalty  agamsr  each  lot, 
part  or  parcel,  together  with  the  interest  on  such  assessment,  or  installment, 
at  the  rate  of  six  (6)  per  cent,  against  each  lot,  part  or  parcel,  computed 
from  the  day  of  such  delinquency  to  the  first  day  of  January  following  such 
delinquency. 

It  is  hereby  made  the  duty  of  the  county  auditor  aforesaid  to  spread 
and  place  on  the  tax  lists  or  roll  of  real  property  to  be  delivered  to  the 
county  treasurer  the  January  following,  the  amount  of  such  assessment,  or 
first  installment,  delinquent,  the  amount  of  such  penalty,  and  the  amount  of 
such  interest  against  each  and  every  lot,  part  or  parcel  of  land  shown  on 
said  list. 

Interim  payments. — Sec.  262.  Whenever,  after  the  delivery  of  the  afore- 
said list  to  the  county  auditor,  and  before  the  first  Monday  of  January  there- 
after, the  commissioner  shall  collect  any  assessment,  or  first  installment, 
delinquent  as  shown  on  said  list,  and  the  penalty  against  the  same  together 
with  interest  as  aforesaid  from  the  day  of  delinquency  until  the  day  of  pay- 
ment, then  and  thereupon,  the  said  commissioner  shall  forthwith  at  the  close 
of  each  day  certify  to  the  county  auditor  aforesaid  a  list  of  all  such  pay- 
ments, and  the  county  auditor  shall  forthwith  strike  the  assessments,  penal- 
ties and  interest  against  such  lots,  parts  or  parcels  of  land  from  such  tax 
lists  or  tax-rolls  aforesaid. 

Subsequent  installments — How  collected. — Sec.  263.  When  an  assessment 
against  any  lot,  part  or  parcel  shall  be  payable  in  two  or  more  installments, 
the  first  installment  shall  be  collected  as  hereinbefore  provided,  and  each 
subsequent  installment  shall  be  and  become  due  and  payable  annually  there- 
after, in  sequence  until  such  number  of  installments  be  exhausted,  on  the 
first  Monday  of  January  of  the  year  for  which  such  installment  is  certified 
for  collection  as  hereinafter  provided. 

Where  assessments  are  payable  in  two  or  more  installments,  each  in- 
stallment subsequent  to  the  first  installment  shall  bear  interest  at  the  rate 
of  six  (6)  per  cent  per  annum  from  the  day  of  the  publication  of  the  notice 
for  payment  of  the  first  installment  of  such  assessment  and  until  the  first 
Monday  of  January  of  the  year  for  which  such  installment  is,  or  is  to  be, 
certified  by  the  commissioner  of  finance  to  the  county  auditor  of  Ramsey 
County  for  collection,  provided,  however,  that  the  interest  on  each  and  every 
installment  unpaid  shall  be  due  and  payable  on  the  first  Monday  of  January 
of  each  and  every  year  until  certified  as  heretofore  provided,  and  such  inter- 
est on  all  unpaid  installments  shall,  in  all  respects,  be  and  constitute  part 
of   such   instillment  certified,   except  as  may  be   otherwise    herein  provided. 

Not  later  than  the  fifteenth  (15)  day  of  October  of  each  and  every 
year,  the  commissioner  of  finance  shall  certify  to  the  county  auditor  aforesaid 
a  list  of  each  and  every  lot,  part  or  parcel  of  land  against  which  there  is 
assessed  a  second  or  other  installment,  unpaid  not  theretofore  certified  to 
the  said  county  auditor,  and  the  total  amount  of  the  installment  against 
each  parcel,  being  the  original  amount  of  such  installment  plus  the  interest 
thereon,  and  the  interest  then  due  on  all  other  unpaid  and  uncertified  install- 
ments, as  heretofore  provided. 

The  said  county  auditor  shall  forthwith  place  and  spread  such  total 
amounts  aforesaid,  as  shown  by  said  list,  against  each  lot,  part  or  parcel 
of  land  respectively  on  the  tax-lists  or  tax-rolls  which  are  to  be  delivered  to 
the  county  treasurer  for  collection  the  following  January. 

Alterations  in  lots. — Sec.  264.  Whenever  the  county  auditor  shall  dis- 
cover that  the  description  of  any  parcel  of  land  shown  on  said  list  certified 
differs  from  that  shown  on  the  tax-lists,  or  where  any  lot  or  parcel  is, 
altered  or  divided,  he  shall  report  the  same  to  a  committee  composed  of  the 
comptroller,  the  commissioner  of  finance  and  county  auditor,  who  shall 
examine  into  the  matter  and  who  may  thereafter  alter  or  modify  the  de- 
scription of  said  premises  on  such  certified  list  and  the  original  assessment 
roll,  and  where  alteration  or  divisions  occur  pro  rata  such  assessment  or 
installment  among  such  altered  or  divided  parcels  and  do  anything  else  in 
the  premises  equitably  and  justly  necessary. 


64  CHARTER  OF  CITY  OF  ST.  PAUL. 

Advance  payments. — Sec.  265.  Where  an  assessment  is  payable  in  two 
or  more  installments,  the  entire  amount  of  such  assessment  against  any 
lot,  part  or  parcel  of  land  may  be  paid  without  interest  within  the  time 
limited  for  the  payment  of  the  first  installment  thereof.  And,  any  number 
of  installments,  not  then  due  and  payable,  may  be  paid  at  any  time  upon 
the  payment  of  the  original  amounts  thereof  and  interest  thereon  as  here- 
inbefore provided  up  to  the  time  of  such  payment. 

Collection  by  county  officers. — Sec.  266.  Any  and  all  delinquent  assess- 
ment, delinquent  first  installments,  and  other  installments,  or  any  other  assess- 
ment for  local  improvement  or  other  municipal  purposes,  certified  to  the 
county  auditor  of  Ramsey  County  by  the  commissioner  of  finances  or  any 
other  municipal  officer  or  body  of  the  City  of  St.  Paul,  authorized  so  to 
certify,  shall  be  collected  and  the  collection  thereof  enforced  in  the  same 
manner,  in  all  respects,  as  county  and  state  taxes,  and  shall  be  added  to  the 
said  taxes  and  all  of  the  foregoing  assessments  or  installments,  of  whatever 
nature  shall  be  subject  to  the  like  penalties,  costs,  interest  charges,  whether 
or  not  interest  charges  or  penalties  have  been  theretofore  added  thereto  by 
said  city  or  not,  and  shall  in  all  respects  be  treated  and  enforced  as  if  the 
same  were  state  and  county  taxes. 

And,  it  is  hereby  made  the  duty  of  the  county  auditor  and  the  county 
treasurer,  and  all  county  ofificers  necessary  therefor,  to  carry  out  the  fore- 
going provisions. 

Forfeited  sale  of  present  certificate. — Sec.  267.  All  certificates  of  sale 
for  local  improvements  or  other  improvements  now  held  by  the  city  in  any 
manner  and  upon  which  the  time  for  redemption  has  expired,  and  all  cer- 
tificates aforesaid  now  held  by  said  city  upon  which  the  time^  for  redemption 
has  not  yet  expired,  upon  the  expiration  of  the  time  aforesaid,  may  be  sold 
by  said  city  by  public  sale  or  sales,  by  and  through  such  officer  or  officers, 
at  such  times,  upon  such  public  notic'e,  and  upon  such  terms  and  conditions 
as  the  council,  by  ordinance,  may  prescribe  and  provide. 

Pending  acts. — Sec.  268.  Assessments  now  being  collected,  all  assess- 
ments made  and  confirmed  but  not  collected,  all  other  acts  and  proceedings 
had  for  any  public  improvement  under  the  existing  charter  are  hereby  rati- 
fied and  confirmed,  but  all  other  acts  and  proceedings  to  be  done  or  had 
relative  to  the  completion  of  the  aforesaid,  shall  be  done  and  had  under 
the  terms  and  provisions  of  this  charter,  wherever  in  the  opinion  of  the 
council,  by  resolution,  the  same  is  practicable,  and  wherever  the  sarne  be 
impracticable,  in  the  opinion  of  said  council,  the  same  shall  be  continued 
under  the  terms  and  provisions  of  the  existing  charter,  and  the  terms  of  the 
existing  charter  are  hereby  continued  in  force  until  such  acts  and  proceedings 
are  completed.  The  opinion  of  the  council  in  the  foregoing  matters  shall  be 
construed  to  be  judicial  and  final  and  conclusive  in  all  matters  and  upon  all 
persons.  Wherever  it  shall  be  impossible  for  any  officer  under  the  existing 
charter  to  perform  any  act  therein  required  by  reason  of  the  discontinuance 
of  the  office,  the  council  shall,  by  said  resolution,  designate  the  officer  or 
officers  under  this  charter  to  perform  the  duties  of  such  office  or  officer 
abolished  required  to  complete  such  acts  or  proceedings  aforesaid. 

Condemnations. 

Inaugurations — Awards. — Sec.  269.  Whenever  after  the  council  has  adopted 
an  intermediary  order  for  any  public  improvement  for  which  an  assessment 
may  be  levied  and  which  shall  require  the  taking  or  condemnation  of  an3r 
land  or  an  easement  therein,  or  in  any  other  case  where  the  council  has 
determined  that  it  shall  be  necessary  for  the  city  to  acquire  any  land  or 
an  easement  therein,  and  such  land  of  such  easement  cannot  be  acquired 
except  by  condemnation  or  where  the  council  has  ordered  the  condemnation 
and  taking  of  any  land,  lands  or  easement  for  public  purposes,  the  com- 
missioner of  public  works  shall  make  and  deliver  a  sketch,  plan  or  profile 
and  such  other  necessary  data  showing  the  exact  amount  of  such  land  or  the 
easement    therein    necessary    so    to   be    taken    or   condemned   and   report   the 


CHARTER  OF  CITY  OF  ST.  PAUL.  65 

same  to  the  council.  The  council  thereupon  shall  by  resolution  fix  the  exact 
amount  of  such  land  or  the  exact  extent  of  such  easement  to  be  taken  or 
condemned,  and  thereafter  the  commissioner  of  finance  shall  view  the  said 
premises,  fix  and  determine  the  value  of  such  land,  lands  or  easement  afore- 
said, and  the  amount  of  damages  that  shall  be  awarded  to  each  and  every 
person  known  or  shown  by  the  records  of  the  Register  of  Deeds  in  and  for 
Ramsey  County  to  have  any  right,  title,  estate,  lien  or  interest  there.  When 
the  said  commissioner  of  finance  shall  deem  it  advisable,  he  may  subpoena 
and  examine  under  oath  any  person  or  persons  relative  to  the  value  of  such 
land,  lands,  or  easement  therein  and  the  value  of  any  right,  title,  estate,  lien 
or  interest  therein.  When  the  said  commissioner  of  finance  aforesaid  shall 
have  fixed  and  determined  the  value  of  such  land,  lands  or  easement  therein, 
and  the  amount  of  the  awards  aforesaid  and  to  whom  payable,  he  shall  report 
the  same  to  the  council. 

Confirmation  of  awards. — Sec.  370.  The  council,  upon  the  delivery  of 
such  report  aforesaid,  shall  fix  a  time  and  place  for  a  public  hearing  upon 
the  same,  and  for  the  confirmation  of  the  award  or  awards  aforesaid.  The 
commissioner  of  finance  shall  thereupon  give  ten  days'  notice  thereof  by  one 
(1)  publication  in  the  ofificial  paper  and  such  publication  shall  be  conclusive 
notice  upon  all  persons  or  parties  having  or  claiming  any  right,  title,  estate, 
lien  or  interest  in  any  land,  lands  or  easement  therein,  of  the  taking  or 
condemnation  thereof,  and  of  the  award  or  awards  of  damages  for  such  right, 
title,  estate,  lien  or  interest  in  said  land,  lands  or  easement  therein.  And,  each 
and  every  person,  having  or  claiming  any  right,  title,  estate,  lien  or  interest 
in  any  land,  lands  or  easement  aforesaid,  or  in  the  award  of  such  damages 
shall  be  forever  barred  and  estopped  to  question  in  any  manner  or  in  any 
respect,  such  taking  or  condemnation  or  the  award  of  damages  therefor, 
unless  such  person  or  persons  shall,  at  the  time  of  such  hearing,  file  in  writing 
with  the  said  council,  or  the  city  clerk,  if  filed  prior  to  such  hearing,  objections 
to  the  taking  or  condemnation  of  such  land,  lands  or  easement  therein,  or 
the  award  of  damages  therefor,  or  both,  as  the  case  may  be. 

At  least  five  (5)  days  prior  to  .such  hearing,  the  said  commissioner  of 
finance  shall  serve  or  cause  to  be  served,  in  the  same  manner  as  by  law 
provided  for  the  service  of  a  summons,  a  notice  of  such  hearing  upon  all 
persons,  or  their  known'  agents,  having  or  claiming  to  have  any  right,  title, 
estate,  lien  or  interest  in  the  said  premises  so  taken  or  condemned,  who  can 
be  found  in  the  City  of  St.  Paul,  and  the  affidavit  of  the  commissioner  that 
any  person,  or  their  known  agents,  do  not  reside  or  cannot  be  found  in  said 
city,  shall  be  final  and  conclusive  upon  all  persons  as  to  such  facts.  At  least 
five  (5)  days  prior  to  such  hearing,  the  said  commissioner  shall  cause  to  be 
mailed,  by  registered  letter,  a  notice  of  such  hearing  to  all  persons,  or  their 
known  agents,  who  cannot  be  found  in  said  city  or  who  do  not  reside  therein, 
directed  to  their  last  known  address  or  residence,  provided,  however,  that 
where  such  parties  are  unknown,  or  their  place  or  residence  or  last  address 
is  unknown  no  such  notice  need  be  mailed,  and  of  such  fact  the  affidavit  of 
the  said  commissioner  shall  be  final  and  conclusive. 

Provided,  however,  that  the  failure  of  the  said  commissioner  to  cause 
the  service  of  such  notice  or  mail  the  same  shall  in  no  way  prejudice  such 
condemnation  or  the  award  of  damages  therefor,  but  the  willful  neglect  or 
failure  so  to  do  shall  constitute  malfeasance  in  office,  be  a  misdemeanor 
punishable  by  fine  not  less  than  one  hundred  ($100.00)  or  imprisonment  in 
the  workhouse  for  not  less  than  ninety  days,  or  both  and  shall  in  addition 
render  the  said  commissioner  personally  liable  to  any  person  damaged  thereby. 

At  the  time  and  place  fixed  in  said  notice,  the  council  shall  hear  all 
persons,  desiring  to  be  heard  relative  to  the  matter,  and  thereafter  may 
modify,  alter  or  revise  such  report  aforesaid,  and  when  the  same  shall  be 
satisfactory  to  the  said  council,  it  shall,  by  resolution,  ratify  and  confirm  such 
taking  or  condemnation  and  the  award  of  damages  to  the  persons  or  parties 
aforesaid,  and  when  so  ratified  and  confirmed  the  same  shall  be  final  and 
conclusive  upon  all  persons,  except  as  hereinafter  provided. 

Appeals — Notice  pleadings — ^Jurisdiction  of  Court. — Sec.  271.  Any  person 
whose  property  has  been  appropriated  or  taken,  and  who  has  filed  objections 


66  CHARTER  OF  CITY  OF  ST.  PAUL. 

thereto  or  the  award  therefor,  shall  have  the  right  at  any  time  within  ten 
days  from  the  ratification  and  confirmation  aforesaid  to  appeal  to  the  district 
court  of  Ramsey  County,  from  such  ratification  and  confirmation.  Said  ap- 
peal shall  be  made  by  filing  a  written  notice  of  such  appeal  with  the  com- 
missioner of  finance,  specifying  the  name  of  the  appellant,  a  description  of 
the  property  in  which  he  has  or  claims  an  interest,  and  such  interest  therein, 
and  the  objections  to  such  taking  or  condemnation  or  award,  or  both,  and 
by  filing  with  the  clerk  of  the  said  court  within  twenty  (20)  days  after  such 
ratification  and  confirmation  a  copy  of  said  notice  of  appeal  and  objec- 
tions, together  with  a  bond  to  the  City  of  St.  Paul  conditioned  to  pay  all 
costs  which  may  be  awarded  against  appellant,  in  such  sum  and  with  such 
surety  as  shall  be  approved  by  a  judge  of  said  court.  In  case  of  an  appeal, 
a  copy  of  all  the  awards  as  confirmed  by  said  council,  at  the  expense  of  the 
appellant,  which  shall  not  exceed  the  sum  of  three  ($3.00)  dollars  and  which 
shall  be  paid  into  the  city  treasury,  shall  be  made  and  certified  to  by  the 
said  commissioner  of  finance,  and  shall  be  filed  in  the  office  of  the  clerk 
of  the- said  court,  and  the  said  cause  shall  be  docketed  in  the  name  of  such 
appellant  against  the  City  of  St.  Paul  as  an  appeal  from  such  confirmation. 
Said  cause  may  be  brought  on  for  hearing  by  either  party  and  shall  have 
preference  over  all  other  civil  cases.  Such  appeal  shall  be  tried  as  other 
civil  causes,  except  that  no  pleading  shall  be  necessary,  and  on  such  trial 
the  only  question  to  be  passed  upon  shall  be  whether  the  said  council  had 
jurisdiction  in  the  case,  and  whether  the  valuation  of  the  property  specified 
in  said  objections  is  a  fair  valuation,  and  the  award  to  such  objector  is 
fair  and  impartial.  The  judgment  of  the  court  shall  be  either  to  confirm  such 
award  or  to  annul  the  same  as  far  as  the  same  effects  the  property  of  the 
objector,  and  no  more,  and  an  appeal  may  be  taken  therefrom  by  either  party 
in  the  same  manner  as  in  the  case  of  other  civil  actions.  Any  judgment 
against  the  city  for  costs  and  disbursements  shall  be  a  separate  judgment  and 
shall  be  payable  out  of  the  general  funds  of  said  city. 

Consummation  of  condemnation. — Sec.  272.  In  all  cases  where  the  cost 
of  any  improvement  shall  be  assessed  against  property  deemed  benefitted,  and 
which  improvement  shall  require  the  taking  and  condemnation  of  any  land 
or  interest  therein,  and  after  the  determination  of  damage  and  awards  there- 
for as  hereinbefore  provided  has  been  ratified  by  said  council,  the  land,  lands, 
or  easement  therein  shall  be  and  become  the  property  of  the  City  of  St. 
Paul  upon  the  adoption  and  passage  by  said  council  of  a  final  order  for 
such  improvement,  and  such  adoption  of  a  final  order  shall  be  and  con- 
stitute a  complete  consummation  of  such  proceedings,  and  a  lawful  and 
sufficient  condemnation  thereof  of  every  right,  title,  estate,  lien  or  interest 
therein.  In  all  other  cases,  such  taking  and  appropriation  and  condemnation 
shall  be  deemed  completed  and  consummated,  and  a  sufficient  and  lawful 
condemnation,  upon  the  ratification  by  the  said  council  of  the  awards  afore- 
said. 

The  City  of  St.  Paul  shall  have  the  right  to  enter  upon  and  take  pos- 
session of  all  lands  and  property,  or  easements  so  condemned,  and  to  appro- 
priate such  lands,  property  and  easements  of  the  purposes  for  which  the 
same  were  condemned  at  such  time  as  hereinbefore  provided,  and  no  appeal 
therefrom  shall  delay  the  right  of  the  city  so  to  do. 

Ninety  (90)  days  from  and  after  the  consummation  of  any  condemna- 
tion proceedings,  the  sums  so  awarded  as  damages  shall  bear  interest  at  the 
rate  of  six  per  cent  per  annum  until  paid. 

Record  of  lands  condemned. — Sec.  273.  It  shall  be  the  duty  of  the  com- 
missioner of  finance  wherever  possible  to  secure  deeds  to  lands,  or  easements 
therein,  and  record  the  same,  and  in  addition  thereto  cause  to  be  filed  in 
the  office  of  the  Register  of  Deeds  a  copy  of  any  plat,  sketch,  profile,  to- 
gether with  a  description  of  all  premises  or  easements  condemned.  The  said 
register  shall  receive  no  fees  therefor,  and  shall  file  and  record  the  same 
without  any  certification  as  to  taxes  or  assessments. 

Buildings— Appraisal— Removal.— Sec.  274.  If  there  should  be  any  build- 
ing standing,  in  whole  or  in  part,  upon  the  land  to  be  taken,  the  said  com- 
missioner and  council,  shall  add  to   their   estimate  of  damages  for  the   land, 


CHARTER  OF  CITY  OF  ST.  PAUL.  67 

the  damages  also  for  the  building  or  part  thereof  necessary  to  be  taken,  if 
it  be  the  property  of  the  owner,  or  when  separately  owned  the  same  shall 
be  assessed  separately,  and  at  the  same  time  fix  the  value  of  such  building 
or  part  thereof  to  be  taken,  if  such  owner  shall  elect  to  remove  the  same. 
Such  owner  in  writing  and  at  the  hearing  for  the  confirmation  of  such  award 
shall  elect  to  remove  such  building  at  the  value  fixed  or  allow  the  same  to 
remain  on  the  premises  and  if  he  fail  so  to  elect,  he  shall  be  deemed  to  have 
elected  to  permit  such  building  to  remain,  and  upon  the  consummation  of 
such  condemnation  as  hereinbefore  provided,  the  commissioner  of  finance  shall 
proceed  to  sell  at  public  auction  for  cash  and  upon  ten  (10)  days'  notice 
by  one  publication  in  the  official  paper,  and  cause  said  building  to  be  re- 
moved, and  deposit  said  proceeds  of  such  sale  in  the  treasury  to  the  credit 
of  the  assessment  fund  for  such  improvement  and  where  feasible  deduct  the 
same  from  the  assessment  against  each  lot  pro  rata,  and  if  not  feasible  then 
such  money  shall  be  placed  in  the  general  funds  of  said  city. 

Street  Sprinkling. 

Appropriations  therefor. — Sec.  275.  The  commissioner  of  public  works 
shall  in  August  of  each  year  determine  the  amount  of  street  sprinkling  that 
in  his  judgment  should  be  done  during  the  next  fiscal  year  and  report  the 
same  with  the  probable  cost  thereof  to  the  council,  which  may  modify  or 
approve  such  report,  and  if  it  appears  that  moneys  in  the  sprinkling  fund,  or 
accruable  thereto  shall  prove  insufficient  to  defray  the  cost  of  such  sprinkling 
during  the  ensuing  year,  and  equipment  for  such  purposes,  the  council  may 
provide  sufficient  funds  by  appropriation  and  tax  levy  therefor. 

The  levy  and  collection  of  such  taxes  shall  in  no  way  prevent  the 
making  and  collection  of  assessments  for  such  sprinkling  and  cost  of  any 
equipment,  and  all  sums  realizable  from  any  source  shall  be  used  to  pay 
for  such  equipment  and  the  cost  of  such  sprinkling  in  advance  of  the  collec- 
tion of  the  annual  assessment  therefor. 

Order  for  sprinkling. — Sec.  275 [a] .  No  street,  thoroughfare  or  public  high- 
way or  other  public  or  private  place  shall  be  sprinkled  by  the  commissioner 
of  public  works  except  upon  the  order  of  the  council  by  resolution  therefor. 

Cost  of  sprinkling. — Sec.  275 [b].  The  commissioner  of  public  works  shall 
keep  accurate  account  of  the  cost,  including  inspection,  of  all  sprinkling  as 
nearly  as  the  same  can  be  ascertained  in  front  of  the  lots  or  parcels  of 
land  fronting  on  said  improvement.  The  proportion  of  the  cost  chargeable  to 
any  street  railway  or  other  occupant  of  the  public  highways  shall  be  de- 
ducted from  the  charge  against  abuttitig  property.  Not  later  than  the  firai 
day  o  fOctober  of  each  year  the  said  commissioner  of  public  works  shall 
report  and  deliver  to  the  commissioner  of  finance,  a  statement  showing  the 
total  cost  of  such  sprinkling,  the  total  cost  of  inspection,  the  total  amount 
expended  during  the  year  for  new  equipment,  repairs  and  general  maintenance, 
the  amount  payable  by  each  occupant  of  a  public  highway,  and  the  amount 
of  the  cost  of  such  sprinkling,  inspection  in  front  of  each  parcel,  and  the 
pro  rata  amount  of  the  cost  of  equipment,  repairs  and  maintenance  in  front 
of  each  parcel,  less  the  pro  rata  amount  of  such  sprinkling  to  be  paid  by 
such  occupant  of  any  highway  from  such  lots  abutting  on  the  highway  so 
occupied. 

Assessment  for  sprinkling,  etc.,  and  collection  thereof. — Sec.  276.  The 
commissioner  of  finance,  not  later  than  the  16th  day  of  October  of  each  year 
shall  thereafter  assess  the  cost  of  such  sprinkling,  inspection,  pro  rata  share 
of  cost  or  equipment  and  maintenance,  less  such  deductions  as  heretofore 
provided,  and  the  cost  of  making  and  collecting  such  assessment  upon  each 
lot,  part  or  parcel  of  land  fronting  on  such  improvement  upon  the  basis  of 
the  lineal  frontage  of  such  parcels,  all  in  accordance  with  the  report  of 
the  said  commissioner  of  public  works  and  the  amount  of  sprinkling  done 
in  front  of  said  premises,  and  deliver  the  same  to  the  comptroller  for  audit. 
Not  later  than  the  20th  of  the  said  month,  the  said  comptroller  shall  report 
same  to  the  council  for  its  approval,  by  resolution  and  not  later  than  the 
first  day  of  November  of  each  year  the  commissioner  of  finance  shall  certify 


68  CHARTER  OF  CITY  OF  ST.  PAUL. 

to  the  county  auditor  of  Ramsey  County  a  list  of  each  parcel  of  land  and 
the  assessment  against  the  same  for  such  sprinkling  and  other  costs  thereof^ 
as  approved  by  the  council.  The  county  auditor  and  the  county  treasurer  shall 
proceed  to  collect  and  enforce  the  collections  of  the  same  in  the  same  manner 
as  provided  herein  for  the  collection  and  enforcement  of  the  collection  of 
assessment  for  other  local  improvements,  and  render  due  account  thereof  in 
the  same  manner  and  at  the  same  time.  All  moneys  so  collected  and  all 
interest,  penalties  and  other  moneys  accruing  thereto,  shall  be  kept  in  a 
separate  fund  and  shall  not  otherwise  be  used  than  to  pay  from  time  to 
time  the  cost  of  such  sprinkling  and  other  expenses  connected  therewith  in 
advance  of  the  collection  of  an  assessment  therefor. 

Municipal  sprinkling  plant. — Sec.  277.  The  council  shall  have  the  power 
to  establish  and  maintain,  under  the  direction  of  the  commissioner  of  public 
works,  a  plant  or  outfit,  including  necessary  horses,  wagons,  and  other  ma- 
terial and.  equipment  for  the  sprinkling  of  streets  and  public  places.  The 
cost  of  maintaining,  establishing,  and  enlarging  such  plant,  outfit,  apparatus, 
material  and  equipment  shall  be  deemed  part  of  the  cost- of  such  sprinkling 
for  which  assessment  may  be  made. 

Fund  of  Local  Improvements. 

Deferred  installments. — Sec.  278.  Whenever  an  assessment  for  an  im- 
provement or  improvements  is  payable  in  two  or  more  installments,  and 
after  the  time  for  the  payment  of  the  first  installment  has  expired,  the  coun- 
cil, by  resolution,  may  authorize  the  issuance  and  sale,  in  such  manner  and 
form  as  it  may  deem  wise,  of  "Local  Improvement  Certificates  of  Indebted- 
ness," against  all  installments,  except  the  first  installment,  not  yet  due  and 
remaining  unpaid,  and  to  the  amount  of  such  installments.  All  proceeds 
from  the  sale  of  such  certificates  shall  be  credited  to  a  "Permanent  Improve- 
ment Revolving  Fund,"  and  all  collections  of  all  assessments,  installments, 
interest,  penalties  and  other  charges  shall  likewise  be  credited  thereto,  and 
all  payments  in  the  liquidation  of  the  cost  of  any  improvement  for  which 
an  assessment  is  levied  shall  be  paid  therefrom.  Nothing  herein  shall  pre- 
vent the  issuance  and  sale  of  certificates  to  cover  several  assessments,  with- 
out the  enumeration  therein  of  such  assessments.  Such  certificates  shall,  in 
the  order  of  their  priority,  be  a  first  lien  upon  all  the  moneys  in  said 
Permanent  Improvement  Revolving  Fund,  and  the  general  faith  and  credit 
of  the  city  is  pledged  to  pay  all  and  any  deficiency  or  deficiencies,  in  case 
such  moneys  shall  prove  insufiicient  to  pay  such  certificates  in  full,  and  that 
it  shall  at  all  times  maintain  the  said  Revolving  Fund  so  that  it  shall  be 
sufficient  to  meet  all  demands  on  the  same  at  maturity.  The  council,  by  "reso- 
lution, is  empowered  and  authorized  to  issue  and  sell  additional  certificates, 
or  bonds,  or  make  appropriations  to  maintain  such  revolving  fund  in  a  con- 
dition to  meet  all  demands  upon  it  for  the  payment  of  certificates  at  maturity. 
Such  bonds  shall  not  be  issued  to  exceed  a  term  of  twenty  (20)  years,  nor 
shall  exceed  four  per  cent  per  annum  for  interest,  and  shall  not  be  sold  for 
less  than  par  and  accrued  interest.  Such  certificates  shall  be  in  the  same 
form  as  other  certificates  hereinbefore  provided. 

No  such  certificates  shall  be  made  to  mature  at  a  date  to  exceed  three 
(3)  years  from  the  day  of  its  issuance,  and  the  rate  of  interest  shall  not 
exceed  six  (6)  per  cent  per  annum,  payable  semi-annually,  and  no  certificate 
herein  provided  shall  be  sold  at  less  than  par  and  accrued  interest.  Such 
certificates  may  be  issued  in  such  denominations  as  the  council  shall  pro- 
vide. 

Provided  however  that  the  total  amount  of  all  such  certificates  and 
bonds  shall  not  at  any  time  exceed  five  (5)  per  cent  of  the  total  assessed 
valuation  of  real  property  in  said  city  liable  to  taxation. 

No  improvement,  for  which  an  assessment  may  be  levied  and  which  will 
require  the  issuance  of  such  certificates  in  excess  of  such  limitations,  shall 
be  undertaken.  Nothing  herein  shall  prevent  the  making  of  any  improvement 
where  the  assessment  shall  be  payable  in  one  installment. 


CHARTER  OF  CITY  OF  ST.  PAUU  69 

Delinquent  assessments  or  installments. — Sec.  279.  All  the  proceeds  of 
the  forfeited  sale  of  local  improvement  certificates  now  held  by  said  city 
as  provided  for  in  Section  267  shall  be  used  and  employed  to  fund  and 
carry  all  assessments  or  installments  delinquent,  and  shall  be  known  as  the 
"Delinquent  Assessment  Fund."  When  such  fund  shall  prove  insufficient  to 
carry  such  delinquent  assessments  and  installments,  the  council  shall  from 
time  to  time  provide  sufficient  funds  therefor,  by  appropriation.  Any  surplus 
in  such  fund  shall  be  invested  in  local  improvement  certificates  of  indebted- 
ness. 

Sidewalks. 

Proposals — Orders. — Sec.  280.  It  shall  be  the  duty  of  the  commissioner 
of  public  works  annually  to  cause  proposals  to  be  published  in  the  official 
paper  in  the  same  manner  and  for  the  same  time  as  for  other  public  improve- 
ments, for  the  construction,  relaying  and  repair  of  such  sidewalks  as  may 
be  ordered  built,  relaid  or  repaired  by  the  council  prior  to  the  first  day  of 
November  of  each  year. 

Such  proposals  may  provide  for  a  separate  contract  for  the  construction, 
repair  and  relaying  wood  sidewalks,  and  also  for  one  or  more  contracts 
for  the  construction,  repair  and  relaying  of  sidewalks  of  brick,  stone,  cement 
and  any  other  material  or  materials.  The  work  shall  be  let  and  placed 
under  contract  as  other  improvements  for  which  an  assessment  shall  be 
levied. 

Whenever  the  council  shall  pass  a  final  order  for  the  construction,  repair 
or  relaying  of  any  sidewalk,  the  commissioner  of  finance  shall  transmit  a 
copy  of  such  order  to  the  contractor  who  shall  proceed  to  comply  therewith 
without  necessary  delay  within  thirty  (30)  days  after  the  delivery  of  such 
final  order,  except  as  hereinafter  provided.  The  final  order  of  the  council 
shall  describe  definitely  the  property  in  front  of  which  such  sidewalk  shall 
be  constructed,  relaid  or  repaired  as  the  case  may  be. 

Assessments  therefor. — Sec.  281.  The  said  commissioner  of  finance  shall 
as  soon  as  practicable  after  the  construction,  repair  or  relaying  of  such 
sidewalks  report  to  the  commissioner  of  finance,  the  cost  .thereof  including 
inspection  thereof,  as  nearly  as  he  can  ascertain  the  same,  and.  the  said 
commissioner  of  finance  shall  proceed  to  assess  such  cost  and  inspection  and 
the  necessary  cost  of  collecting  such  assessment  upon  lots  and  parcels  of 
land  benefitted  by  said  improvement  upon  the  basis  of  the  lineal  frontage  of 
such  lot  or  parcel  of  land,  and  thereafter  the  procedure  for  perfecting  such 
assessment  and  the  collection  and  the  enforcement  thereof  shall  be  the  same 
as  in  the  case  of  other  assessments. 

Private  laying  of  sidewalks. — Sec.  282.  When  the  council  shall  have 
passed  a  final  order  aforesaid,  the  owner  of  property  where  such  sidewalk 
is  to  be  constructed,  relaid  or  repaired  under  such  order  may,  at  his  own 
expense  construct,  relay  or  repair,  as  the  case  may  be,  such  sidewalk  in  con- 
formity with  such  order  upon  the  following  conditions:  Such  property 
owner  electing  so  to  do  shall  file  with  the  commissioner  of  public  works 
a  written  notice  of  such  election  within  ten  (10)  days  after  the  publication 
of  such  final  order,  and  it  shall  be  the  duty  of  the  said  commissioner  of 
public  works  to  grant  written  permission  so  to  do  within  thirty  (30)  days 
from  and  after  a  time  specified  in  such  permit.  The  said  commissioner  shall 
thereupon  give  prompt  notice  thereof  to  the  contractor  of  the  permit  so 
granted.  The  said  work  of  laying,  repairing  or  constructing  such  sidewalk 
shall  be  done  under  the  supervision  and  direction  of  the  said  commissioner 
of  public  works,  and  the  said  commissioner  of  public  works  shall  charge  a 
uniform  fee,  to  be  fixed  by  the  council,  by  resolution,  to  cover  the  cost  of 
such  supervision  and  direction,  which  fee  shall  be  paid  into  the  city  treasury 
at  J:he  time  of  the  issuance  of  such  permit.  Such_  owner,  having  complied 
the  foregoing  requirements  within  the  time  aforesaid,  shall  be  exempt  from 
any  assessment  on  account  of  such  improvement  aforesaid.  In  case  the  said 
owner  shall  fail  so  to  comply  with  the  aforesaid  requirements  and  within 
the  time  aforesaid,  the  said  commissioner  of  public  works,  shall  give  written 
notice  to  the  contractor  aforesaid  to  proceed  with  such  work  as  directed  by 


70  CHARTER  OF  CITY  OF  ST.  PAUL. 

said  final  order,  and  the  property  of  such  owner  shall  be  assessed  therefor  to 
the  extent  of  such  benefits,  and  such  owner  shall  also  forfeit  such  fee  afore 
said. 


CHAPTER  XV. 

The  Purchasing  Department. 

Purchasing  department. — Sec.  283.  There  is  hereby  created  a  Purchasing 
Department  to  be  under  the  management  and  control  of  the  Purchasing 
Agent,  appointed  by  the  mayor  with  the  approval  of  the  council. 

Employes — Appointments  of. — Sec.  284.  Subject  to  the  provisions  of  this 
charter,  the  Purchasing  Agent  may  appoint  a  Deputy-Purchasing  Agent,  who 
shall  not  be  subject  to  the  civil  service  rules,  and  such  other  assistants  and 
employes  as  the  council  shall  authorize  and  at  such  compensation  as  it  shall 
fix.      ' 

Powers — General. — Sec.  285.  The  Purchasing  Agent  shall  purchase,  pro- 
cure and  contract  for  all  articles,  supplies  and  other  portable  goods,  including 
printed  matter  not  otherwise  provided  for  in  this  charter,  for  the  use  of 
the  council,  and  each  and  every  officer  and  department  of  the  city,  subject 
to  the  provisions  of  this  charter  and  the  ordinances  enacted  in  pursuance 
thereof. 

Appropriation  limits. — Sec.  286.  But  no  purchase  shall  be  made,  liability 
incurred  or  contract  let  under  the  preceding  section  except  upon  the  written 
certification  by  the  comptroller  that  an  appropriation  or  appropriations  have 
been  made  therefor  by  the  council  and  sufficient  thereof  remains  unexpended 
to  pay  for  the  same. 

Requisitions. — Sec.  287.  Except  as  herein  otherwise  provided,  all  pur- 
chases shall  be  made  or  contract  let  only  upon  the  written  requisition  there- 
for by  the  officer  or  department  demanding  same. 

Compulsory  requistions. — Sec.  288.  With  the  consent  of  the  council,  the 
Purchasing  Agent  may  himself  requisition  the  entire  appropriation,  or  so 
much  thereof  as  may  be  advisable,  at  such  time  and  in  such  manner  as  the 
council  shall  prescribe,  of  each  and  every  officer  and  department  remaining 
at  any  time  unexpended. 

Bulk-buying. — Sec.  289.  The  council  shall,  by  an  administrative  ordi- 
nance, authorize  contracts  for  and  purchases  of  such  supplies  as  it  may  deem 
advisable,  in  bulk,  for  the  use  of  any  and  all  officers  and  departments,  for 
the  entire  year  or  part  thereof,  and  at  such  times  and  in  such  quantities  as 
it  may  deem  advantageous  and  shall  prescribe  the  mode  of  delivery,  inspection, 
storage  and  distribution  of  the  same. 

Patented  articles. — Sec.  290.  The  purchasing  agent  with  the  consent  of 
the  council  and  the  comptroller,  may  purchase  or  contract  for,  without  ad- 
vertisement and  competitive  bids,  such  articles  which  by  reason  of  a  patent 
or  copyright  are  sold  only  at  a  uniform  price  and  where  in  such  cases  no 
advantage  can  be  secured  by  competitive  bids. 

Emergencies. — Sec.  291.  In  case  of  an  emergency,  where  failure  to  act 
promptly  will  work  an  injury  to  the  city,  the  purchasing  agent,  with  written 
consent  of  the  comptrolFer  and  mayor,  and  the  consent  of  the  council  may 
purchase  supplies  to  any  amount  without  advertisement  and  competitive 
bids. 

Annual  statement  of  supplies. — Sec  292.  Not  later  than  the  first  day  in 
January  of  each  year,  each  officer  and  department  of  the  city  shall  transmit 
to  the  purchasing  agent  a  full  and  complete  statement  of  all  the  kinds  of  sup- 
plies and  articles  and  the  quantity  thereof  needed  by  the  said  officer  or  depart- 
ment during  the  ensuing  year  as  nearly  accurate  as  the  same  can  be  estimated, 
together  with  a  statement  of  the  approximate  time  when  such  shall  be  needed. 


CHARTER   OF   CITY   OF   ST.    PAUL.  .     71 

Such  statement  shall  merely  be  for  the  guidance  of  the  purchasing  agent  and 
shall  not  take  the  place  of  any  requisition  therefor. 

Duties  of  Purchasing  Agent. 

Purchase  standard  articles. — Sec.  293.  The  purchasing  agent  shall  make 
all  purchases  and  let  all  contracts  in  accordance  with  the  provisions  of  the 
charter  and  ordinances  enacted  in  pursuance  thereof,  for  standard  articles  and 
upon  standard  specification,  unless  patented  articles  are  demanded  or  the 
same  is  impracticable,  to  which  fact  the  comptroller  shall  certify. 

Price  records. — Sec.  294.  He  shall  maintain  a  price  record  both  from 
purchases  made  and  of  current  quotations  in  such  manner  as  may  be  pre- 
scribed by  the  comptroller  with  the  approval  of  the  council  by  administrative 
ordinance. 

Accounting  methods. — Sec.  295.  He  shall  perform  such  duties  relative  to 
the  approval  of  claims,  the  keeping  of  accounts,  stock  records,  and  other 
accounting  procedure  as  the  comptroller  with  the  approval  of  the  council  by 
an  administrative  ordinance  may  prescribe,  and  also  perform  such  other 
duties  as  by  this  charter,  and  administrative  ordinances  enacted  in  pursuance 
thereof,  may  be  imposed  upon  him. 

Standardization  of  Supplies,   Specifications  and   Contracts. 

Commission — Powers. — Sec.  296.  There  is  hereby  created  a  commission, 
composed  of  the  mayor,  the  comptroller  and  the  purchasing  agent,  which 
shall  have  the  power  to  establish  from  time  to  time  standards  for  each  and 
every  article  for  the  use  of  any  and  all  officers  and  departments;  to  make 
or  cause  to  be  made  any  test,  examination  or  analysis  necessary  therefor; 
to  require  the  assistance  of  any  and  all  officers  and  departments  therefor;  to 
frame  or  cause  to  be  framed  full,  proper  and  uniform  specifications  therefor 
and  standard  and  uniform  forms  of  contracts,  and  to  provide  penalties  for 
the  failure  of  any  officer  or  department  to  use  the  same.  All  of  the  fore- 
going shall  be  done  with  the  consent  and  approval  of  the  council  by  and 
through  an  administrative  ordinance.  All  standards  or  samples  thereof  shall 
be  in  the  custody  of  the  purchasing  agent. 

Contracts — Advertisements — Bids  and  awards. — Sec.  297.  All  contracts 
and  purchases  of  supplies  are  hereby  divided  into  the  following  classes: 

(a)  Informal  Purchases.  All  purchases  or  contracts  under  the  sum 
of  one  hundred  ($100.00)  dollars  shall  be  made  in  such  manner  and  from 
such  persons  as  the  purchasing  agent  may  determine. 

(b)  Informal  Bids.  All  contracts  and  purchases  of  one  hundred 
($100.00)  dollars  and  not  to  exceed  five  hundred  ($500.00)  dollars  shall  be 
made  upon  such  informal  bids  or  proposals,  not  less  than  two,  as  the 
purchasing  agent  may  procure  or  may  be  filed  with  him,  and  shall  be  awarded 
to  the  lowest  responsible  bidder  by  the  purchasing  agent.  Notice  of  such 
proposed  purchases  shall  be  posted  in  the  office  of  the  purchasing  agent  for 
not  less  than  one  day. 

(c)  Formal  Bids.  All  purchases  or  contracts  in  excess  of  the  sum  of 
five  hundred  ($500.00)  dollars  shall  be  made  only  upon  competitive  sealed  bids 
and  after  advertisement  therefor  in  the  official  newspaper  for  at  least  once 
a  week  for  two  successive  weeks.  Such  advertisement  shall  state  the  kind 
and  quantity  of  articles  desired,  and  the  quality  thereof  either  in  full  or 
by  reference  to  the  standard  specifications,  the  time  and  place  for  the  filing 
and  opening  of  bids.  All  formal  bids  shall  be  made  on  forms  provided  by 
the  purchasing  agent,  shall  state  the  price,  the  quantity  and  quality  of  each 
article  bid  on,  and  shall  be  sealed,  but  may  be  as  to  one  or  all  of  the 
articles  named  in  the  advertisement  and  shall  also  be  filed  at  the  time  and 
place  therein  designated.  All  bids  shall  be  publicly  opened  by  the  purchasing 
agent  at  the  time  and  place  named  in  the  advertisement  in  the  presence  of 
the  mayor  and  the  comptroller  or  their  representatives  and  such  other  persons 
as  may  be  present. 


73  CHARTER   OF   CITY   OF   ST.    PAUL. 

Rejection  of  bids. — Sec.  298.  The  purchasing  agent  may  reject  all  bids 
and  that  of  any  person,  with  the  consent  of  the  mayor,'  who  has  failed  to 
perform  a  previous  contract  with  the  city,  and  shall  reject  all  bids  contain- 
ing any  alteration  or  erasures.  In  case  of  the  rejection  of  all  bids,  the  council 
may  authorize  the  purchasing  agent  either  to  re-advertise  or  purchase  such 
article  or  articles  in  such  other  manner,  subject  to  this  charter,  as  it  maj' 
prescribe. 

Awards. — Sec.  299.  All  awards  of  contracts  upon  formal  bids  shall  be 
made  to  the  lowest  responsible  bidder,  but  no  award  shall  be  made  until  all 
bids  have  been  tabulated  and  submitted  to  the  departments  interested  therein 
for  their  advice. 

Inspection  of  goods. — Sec.  300.  No  goods,  supplies  or  other  articles  shall 
be  us_ed  or  consumed  by  any  officer  or  department  until  the  same  shall  have 
been  duly  inspected  as  to  quantity  and  quality  by  the  comptroller  and  sub- 
ject to  such  other  rules  and  regulations  as  the  council,  by  an  administrative 
ordinance,  may  prescribe. 

Sales  of  materials. — Sec.  301.  The  purchasing  agent  shall  sell  all  material, 
supplies  and  other  personal  property  belonging  to  the  city  which  is  not 
available  for  use  or  which  is  condemned,  when  so  condemned  by  any 
officer  or  department  and  upon  certification  by  the  comptroller  concurring 
therein,  in  such  manner  as  the  council,  by  an  administrative  ordinance,  shall 
prescribe.  All  moneys  realized  from  such  sale  shall  forthwith  be  deposited 
with  the  treasurer  to  the  account  of  the  department  for  which  such  sale  was 
made. 

Permanent  improvements  and  repairs. — Sec.  302.  Whenever  any  officer 
or  department  shall  require  the  purchase  of  any  real  estate,  the  erection  of 
any  building  or  buildings  or  other  public  improvement,  except  as  otherwise 
herein  provided,  such  officer  or  department  shall  report  to  the  council  an 
estimate  of  the  cost  of  such  improvement  together  with  sketch  plans  and  such 
other  data  as  to  give  in  full  detail  the  nature  thereof,  the  amount  and  estimated 
value  of  the  land  needed,  if  any,  and  a  statement,  certified  by  the  comptroller, 
of  the  funds  available,  or  the  manner  in  which  such  funds  may  be  provided. 
If  the  council  approve  such  project,  it  shall,  by  ordinance,  order  the  same 
to  be  made  and  provide  funds  therefor  in  accordance  with  the  provisions  of 
this  charter. 

Purchase  of  lands. — Sec.  303.  All  lands  required  hereunder  may  be 
acquired  either  by  condemnation  or  by  purchase  at  a  private  sale.  When 
feasible  the  same  shall  be  secured  by  private  sale  by  a  committee  on  lands, 
composed  of  the  mayor,  the  purchasing  agent  and  the  head  of  the  department 
requiring  the  same,  which  committee  shall  secure  options  directly  or  through 
agents  on  any  suitable  land  or  lands,  and  report  the  total  cost  of  securing 
such  land  and  all  other  facts  to  the  council.  The  council  shall  promptly 
authorize  the  purchase  of  such  land  or  lands  as  it  deems  suitable  or  cancel 
said  options.  The  cost  of  securing  said  options  shall  not  exceed  one  per 
cent  of  the  value  of  the  land  to  be  purchased.  In  .case  that  suitable  land 
cannot  be  secured  at  a  reasonable  price  by  purchase,  the  council  shall  direct 
that  condemnation  proceedings  be  instituted,  under  the  provisions  of  this 
charter,  to  secure  the  land  necessary. 

Erection  of  buildings. — Sec.  304.  (a)  Sketch  plans.  Whenever  the 
erection  of  any  building  is  contemplated  either  by  the  council  or  any  com- 
missioner, then  the  commissioner  of  parks,  play-grounds  and  public  buildings 
upon  written  request,  shall  prepare,  as  soon  as  practicable,  any  and  all  sketch 
plans  and  other  data  therefor. 

(b)  Complete  plans  and  specifications.  When  any  such  improvement 
has  been  authorized,  the  council  shall  direct  the-  commissioner  of  parks 
play-grounds  and  public  buildings  to  prepare  or  cause  to  be  prepared  com- 
plete plans,  estimates  of  cost  and  specifications  therefor.  Under  the  direction 
of  the  commissioner  aforesaid,  the  city  architect  shall  frame  all  plans  and 
specifications  and  make  estimates  of  cost  for  all  public  buildings  and  superin- 
tend the  construction  thereof.     The  council  may,  however,  authorize  the  said 


CHARTER    OF    CITY    OF   ST.    PAUL.  73 

commissioner  to  employ  a  consulting  or  designing  architect  to  aid  in  such 
work  at  such  compensation  as  it  shall  fix.  All  plans  and  specifications  shall 
be  prepared  and  approved  in  the  manner  provided  for  in  the  chapter  on 
parks,  play-grounds  and  public  buildings  in  this  charter,  as  modified  by  this 
section. 

(c)  Construction  of  buildings.  (1)  By  contract.  The  committee  on 
public  buildings  shall  direct  the  purchasing  agent  to  advertise  for  proposals 
in  accordance  with  the  provisions  of  this  charter  for  alternative  proposals: 
(1)  upon  the  basis  for  the  construction  of  said  building  at  a  fixed  price  to  be 
named  by  the  bidder,  and  (2)  upon  the  basis  for  the  construction  of  the  said 
building  by  the  said  bidder  upon  force  or  cost  account,  which  latter  bid 
shall  contain  the  cost  thereof  as  estimated  by  the  bidder  and  the  per  cent 
of  the  cost  demanded  by  the  bidder  for  construction  and  superintendence.  It 
is  hereby  made  the  duty  of  the  commissioner  of  parks,  play-grounds  and 
public  buildings  to  submit  an  estimate  for  such  construction  work. 

Subject  to  the  approval  of  the  council,  the  said  committee  authorized  by 
this  charter  to  open  said  bids  shall  award  the  contract  for  such  improvement 
to  the  lowest  responsible  bidder  either  upon  the  basis  of  a  fixed  price  or  upon 
the  basis  of  force  or  cost  account  and  percentage,  or  it  may  reject  all  bids 
and  readvertise,  or  it  may  recommend  that  the  commissioner  of  parks,  play- 
grounds and  public  buildings  perform  such  work. 

(2)  Construction  of  buildings.  By  city  department.  Whenever  in  the 
judgment  of  the  council,  the  construction,  of  any  building  can  be  more 
economically  done  by  the  city,  either  before  or  after  the  submission  of  pro- 
posals therefor,  it  shall  direct  the  commissioner  of  parks,  play-grounds  and 
public  buildings  to  do  such  work  for  the  department  requiring  the  same  upon 
the  basis  of  force  or  cost  account,  but  no  percentage  for  construction  shall 
be  allowed. 

Repairs  to  buildings. — Sec.  305.  Any  and  all  repairs,  replacements  or 
alterations  to  any  building  or  buildings,  the  cost  of  which  shall  exceed  the 
sum  of  five  hundred  ($500.00)  dollars  or  the  work  of  which  shall  not  be  done 
and  performed  by  the  employes  and  under  the  direction  of  any  officer  or 
department  shall  be  made  in  the  manner  hereinbefore  prescribed  for  new 
construction  work. 

Gratuities. — Sec.  306.  Neither  the  purchasing  agent  nor  any  person  in 
the  purchasing  department  shall  accept  any  commission,  gift,  or  present 
from  any  vendor  or  his  agent  with  whom  the  city  may  have  any  dealings. 
Violations  hereof  shall  constitute  a  misdemeanor,  and  forfeiture  of  such  office 
or  employment. 

Council  regulations. — Sec.  307.  The  council  may,  by  an  administrative 
ordinance  or  ordinances,  provide  other  and  further  rules  and  regulations  for 
the  conduct  and  government  of  the  purchasing  department. 


CHAPTER  XVI. 

CONTRACTS  AND  CONTRACTORS'  BONDS. 

Contracts  let  to  the  lowest  bidder. — Sec.  308.  Except  as  otherwise  pro- 
vided in  this  charter,  all  contracts  for  work  to  be  done  for  the  City  of  St. 
Paul  or  any  department  thereof,  or  for  the  purchase  of  supplies  or  property 
of  any  kind,  shall  be  let  to  the  lowest  reliable  and  reasonable  bidder,  reserving 
the  right  to  reject  all  bids. 

Not  otherwise  specified. — Sec.  309.  All  contracts  not  otherwise  provided 
for  in  this  charter  shall  be  let  by  the  council. 

Plans  and  specifications. — Sec.  310.  Unless  otherwise  herein'  provided 
plans  and  specifications  for  buildings  to  be  erected  for  the  City  of  St.  Paul 
or   any   department,   bureau   or   activity   thereof  shall   be   prepared  under   the 


74  CHARTER   OF   CITY   OF  ST.   PAUL. 

direction  of  the  commissioner  of  parks,  play-grounds  and  public  buildings; 
all  plans  and  specifications  for  engineering  work  shall  be  prepared  under  the 
direction  of  the  commissioner  of  public  works.  All  other  plans  and  specifi- 
cations shall  be  prepared  as  in  this  charter  otherwise  provided,  or  where  not 
provided  for  shall  be  prepared  as  the  council  shall  direct. 

Advertisements  for  bids. — Sec.  311.  Advertisements  for  bids  shall  be  pre- 
pared by  the  purchasing  agent  under  such  regulations  as  the  council  by 
ordinance  may  prescribe. 

Bonds  or  checks  with  bids. — Sec.  312.  Bonds  or  certified  checks  shaH 
accompany  all  bids,  in  such  form  as  the  council  may  be  ordinance  prescribe. 

Opening  bids. — Sec.  312[a].  All  bids  shall  be  opened  in  the  presence  of 
the  comptroller  or  his  representative,  the  purchasing  agent  and  the  head  of 
the  department  most  directly  concerned  in  the  contract. 

Bids  filed. — Sec.  312  [bl.  All  bids  shall  be  properly  filed  by  the  purchasing 
agent. 

Award  of  contracts. — Sec.  313.  Unless  otherwise  provided  for  in  this 
charter,  all  contracts  involving  less  than  $5,000  shall  be  awarded  by  the  per- 
sons charged  with  the  opening  of  the  bids  and  such  contracts  shall  not  re- 
quire confirmation  by  the  council.  Where  more  than  $5,000  is  involved,  the 
award  shall  be  made  in  the  same  manner  and  by  the  same  persons,  but  it 
shall  not  be  complete,  and  it  shall  be  of  no  efTect  to  bind  the  city  unless 
approved  by  the  council  by  resolution. 

Form — Drafting. — Sec.  314.  The  council  shall  by  ordinance  provide  the 
rnanner  in  which  contracts  shall  be  drafted  and  submitted  for  approval,  pro- 
vided that  all  such  contracts  be  in  triplicate,  one  copy  to  go  to  the  department 
most  interested,  one  to  the  comptroller  and  one  to  the  party  contracting  with 
the  city. 

Comptroller  not  to  sign  until  money  is  provided. — Sec.  315.  No  contract 
shall  be  signed  by  the  comptroller  until  provision  shall  have  been  made  for 
sufficient  money  in  the  appropriate  fund  to  meet  the  indebtedness  incurred 
by  such  contract,  except  leases  and  contracts  for  public  lighting  and  heating, 
where  such  contracts  and  leases  are  herein  authorized  for  longer  periods  than 
one  year,  and  excepting  also  contracts  for  public  improvements,  the  cost  of 
which  is  to  be  paid  by  assessment  against  the  property  benefited. 

Execution  of  contracts. — Sec.  316.  All  contracts  and  leases  shall  be 
executed  on  behalf  of  the  City  of  St.  Paul  by  the  mayor,  comptroller  and  city 
clerk.  The  head  of  the  department  to  which  the  contract  or  lease  pertains 
shall  also  execute  the  same  and  the  corporate  seal  shall  be  attached  thereto. 

Delivery  to  contractor. — Sec.  317.  Until  a  certified  copy  of  a  fully 
executed  contract  is  delivered  to  the  contractor  it  shall  not  bind  the  city,  nor 
shall  any  claim  thereunder  be  approved  or  paid  by  the  city. 

Readvertising. — Sec.  318.  Bids  may  be  readvertised  for  under  such  con- 
ditions and  restrictions  as  the  council  may  by  ordinance  provide. 

Contractor's  liability. — Sec.  3*19.  Any  contractor  who  accepts  a  contract 
under  said  city  shall  take  the  same  under  the  that  he  shall  be 

personally  and  directly  responsible  for  any  and  all  loss,  damage  or  injury  to 
person  or  property  by  reason  of  the  neglect  or  failure  of  himself  or  any  one 
of  his  employes  so  to  perform  said  work  as  to  guard  against  all  loss,  damage 
or  injury  to  person  or  property,  and  shall  guard  such  work  by  suitable  guards' 
by  day  and  by  lights  at  night,  so  as  to  prevent  any  such  loss,  damage  or 
accident. 

Contractor's  bond. — Sec.  320.  Except  as  otherwise  provided  in  this  char- 
ter no  contract  shall  be  valid  for  any  purpose  until  the  contractor  who  is  a 
party  thereto  shall  file  a  bond  with  sufficient  sureties  and  in  proper  form  to 
protect  the  city  fully  and  protect  all  persons  who  shall  furnish  said  contractor 
with    work,    service  or    material   in    the   carrying    out   of   said    contract.     The 


CHARTER   OF   CITY    OF   ST.   PAUL.  75 

council  shall  by  proper  ordinance  give  effect  to  this  provision.  Provided  that 
neither  the  council  nor  any  officer  shall  by  any  act  release  any  bondsman  from 
liability  upon  such  bond  until  the  contract  which  it  is  intended  to  guarantee, 
shall  be  completed  and  fully  carried  out  and  all  obligations  thereunder  or  in 
any  way  appertaining  thereto  shall  be  met.  All  persons  connected  in  any 
way  with  the  carrying  out  of  said  contract  whether  as  employe,  laborer, 
material  man,  or  in  any  other  manner  whatsoever  shall  be  considered  a  party 
in  interest  for  the  purpose  of  invoking  the  protection  of  such  bond. 

Additional  bond. — Sec.  321.  An  additional  bond  may  be  required  when- 
ever the  council  on  recommendation  of  the  city  officer  immediately  interested 
on  behalf  of  the  city  in  the  work,  may  see  fit,  or  where  such  additional  bond 
may  be  recommended  by  the  comptroller. 

Affidavit  of  payment  of  claims. — Sec.  332.  No  estimate  under  any  con- 
tract shall  be  paid  by  the  City  of  St,  Paul  until  the  contractor  files  with  the 
comptroller  an  affidavit  that  all  claims  for  all  work  and  labor  to  date  have 
been  paid. 

Assignment  of  contract. — Sec.  323.  Any  assignment  of  any  contract  in 
which  the  city  is  interested  or  to  which  the  city  is  a  party  shall  make  it  null 
and  void  and  the  city  may  at  once  take  control  of  the  work  and  relet  it  as 
it  may  see  fit,  or  may  proceed  to  complete  the  same  at  the  expense  of  the 
contractor  and  his  bondsmen. 


CHAPTER  XVII. 

Department  of  Public  Works. 

Composition. — Sec.  324.  There  is  hereby  created  a  Department  of  Public 
Works  which  shall  be  composed  of  the  bureaus  of  Engineers,  Sanitation,  Con- 
struction and  Repairs,  Bridges,  Corrections  and  General  Administration  and 
subject  to  the  charter  and  enactments  in  pursuance  thereof,  the  same  shall  be 
under  the  full  and  complete  control,  direction  and  management  of  the  com- 
missioner of  public  works. 

Bureau  of  Engineers. 

Composition. — Sec.  325.  The  said  commissioner  of  public  works  shall  be 
the  chief  engineering  officer  of  the  city  and  subject  to  the  charter  and  the 
enactments  in  pursuance  thereof,  shall  name  andappoint  the  following  officers 
and  employes  who  shall  be  and  constitute  the  bureau  of  engineers: 

A  chief  engineer  for  a  term  of  two  years  from  and  after  his  appointment 
and  until  his  successor  is  appointed  and  at  an  annual  salary  not  to  exceed  five 
thousand  ($5,000)  "dollars. 

Such  engineers,  surveyors,  draughtsmen  and  other  employes  as  the  council, 
by  an  administrative  ordinance,  shall  provide  and  at  such  compensation  as 
it  shall  fix. 

Duties. — Sec.  326.  The  said  bureau  shall  draught  all  plans,  sketches,  pro- 
files for  all  public  improvements,  not  otherwise  provided  for,  make  all  surveys, 
do  all  the  engineering  work  of  the  city,  including  the  water  board,  furnish  all 
technical  skill  and  ability  therefor,  and  exercise  a  general  supervision  and 
direction  over  all  construction  and  repair  work  of  the  department  or  done 
under  its  direction,  and  also  perform  such  other  duties  as  may  be  imposed 
upon  it  by  this  charter  and  any  enactment  in  pursuance  thereof. 

Bureau  of  Construction  and  Repairs. 

Sec.  327.  The  said  commissioner  of  public  works  shall  be  the  head  of  the 
bureau  of  construction  and  repairs  which  shall  be  composed  of  the  following 
persons,  all  of  whom  shall  be  appointed  or  employed  by  the  said  commissioner 
as  the  case  may  be: 


76  CHARTER  OF   CITY   OF   ST.    PAUL. 

A  superintendent  of  construction  and  ^repairs,  chief  foremen,  foremen,  in- 
spectors, laborers  and  other  employes  as  the  council,  by  an  administrative 
ordinance,  shall  prescribe  and  at  such  compensation  as  it  shall  fix. 

Duties. — ^^Sec.  328.  The  said  bureau  shall  do  and  perform  all  the  work, 
grading,  paving,  construction  and  repair  work  of  all  sewers,  streets,  alleys, 
levees,  lands,  boulevards,  parkways  and  other  public  places,  the  construction 
of  all  sewers,  sidewalks,  reservoirs,  and  the  repair  of  each  of  the  aforesaid, 
the  laying,  relaying  and  removal  of  all  water  pipes  and  other  conduits  of  said 
city,  and  all  other  work,  including  that  for  the  water  board,  which  may  be 
imposed  on  it  for  the  benefit  of  the  city  or  any  of  its  departments  or  bureaus. 

Provided,  however,  that  nothing  hereinbefore  shall  prevent  any  of  the 
aforesaid  work  to  be  performed  under  contract  as  may  be  by  this  charter 
provided.  Provided,  also  that  any  work  performed  by  the  aforesaid  bureau 
for  any  other  department  or  bureau,  the  cost  of  such  work  shall  be  paid  by 
said  department  or  bureau  out  of  the  funds  and  moneys  of  such  department 
or  bureau  for  which  such  work  may  be  performed. 

The  said  bureau  shall  inspect  and  report  the  progress  of  all  work  per- 
formed under  contract  in  the  construction  and  repair  of  public  improvements, 
unless  otherwise  herein  provided,  in  such  manner  and  at  such  times  as  in  this 
charter  and  enactments  in  pursuance  thereof  may  be  provided  for. 

Bureau  of   Bridges. 

Composition. — Sec.  329.  The  bureau  of  bridges  shall  be  composed  of  the 
said  commissioner  and  such  other  persons,  as  the  council,  by  an  administrative 
ordinance,  shall  provide  and  at  such  compensation  as  it  shall  fix. 

Duties. — Sec.  330.  The  said  bureau  shall  have  charge  of  the  construction, 
care  and  repair  of  the  bridges  of  such  city,  and  shall  perform  such  other  duties 
as  may  be  imposed  upon  it  by  this  charter  or  enactments  in  pursuance  thereof. 

Bureau    of    Sanitation. 

Composition. — Sec.  331.  The  commissioner  of  public  works  shall  be  the 
head  of  the  bureau  of  sanitation,  which  shall  be  composed  of  the  following 
persons: 

A  superintendent,  who  shall  be  a  sanitary  engineer,  and  such  other  em- 
ployes as  the  council,  by  an  administrative  ordinance  may  provide  and  at  such 
compensation  as  it  shall  fix;  all  of  whom  shall  be  appointed  or  employed,  as 
the  case  may  be,  by    said  commissioner. 

Duties. — Sec.  332.  The  said  bureau  of  sanitation  shall  have  charge  of  the 
cleaning  of  all  streets,  alleys,  lanes,  parkways,  boulevards,  sewers  and  other, 
public  places,  except  parks,  sidewalks,  bridges;  the  sprinkling  of  streets,  park- 
ways, boulevards  and  other  public  places  except  parks;  the  collection  and  dis- 
position of  garbage,  refuse,  and  other  deleterious  substances;  and  the  collection, 
removal  and  disposal  of  all  such  material,  refuse  or  substance  for  which  the 
council  may  provide.  It  shall  have  charge  of  the  public  dumps;  the  operation 
and  maintenance  of  any  reduction  plants  and  other  plants  or  places  for  the 
disposition  of  any  material,  refuse  or  substance  for  which  the  council  shall 
provide.  Likewise,  it  shall  perform  and  do  such  other  services  and  duties  as 
the  council  may  impose  on  it. 

Bureau  of  General  Administration. 

Composition. — Sec.  333.  The  bureau  of  general  administration  shall  be 
under  the  direction  of  the  said  commissioner  and  shall  be  composed  of  the 
following  persons: 

A  chief  clerk  and  such  other  employes  as  the  council  shall,  by  an  admin- 
istrative ordinance,  provide  and  at  such  compensation  as  it  shall  fix. 

Duties. — Sec.  334.  Such  bureau  shall  have  charge  of  all  the  accounting 
and  fiscal  operations  of  the  said  department  and  shall  have  such  other  powers 


CHARTER  OF   CITY   OF   ST.   PAUL.  77 

and  duties  as  the  council  shall,  by  an  administrative  ordinance,  grant  and  im- 
pose. 

Bureau  of  Corrections. 

Workhouse. 

Administration. — Sec.  335.  In  the  management  and  administration  of  the 
bureau  of  corrections  or  workhouse,  the  commissioner  of  public  works  shall 
adopt  such  rules  with  the  approval  of  the  council  by  an  administrative  ordi- 
nance, for  the  regulation  and  discipline  thereof,  and  likewise,  such  by-laws, 
rules  and  regulations  for  the  managenient  and  government  thereof,  and  for 
the  prisoners  therein  confined,  as  he  may  deem  necessary.  Such  commissioner 
shall,  in  the  manner  provided  by  this  charter,  make  requisition  .for  such 
machinery,  tools  and  raw  materials  for  use  therein  as  may  be  necessary  and 
proper,  and  shall  sell  through  the  purchasing  agent  all  goods  and  products  of 
made  or  manufactured  by  the  prisoners  in  said  workhouse.  All  moneys  re- 
ceived by  said  agent  from  such  sale  and  all  moneys  received  for  board  of 
prisoners  shall  be  deposited  with  the  commissioner  of  finance  to  the  credit  of 
the  workhouse  fund. 

Employes. — Sec.  336.  Said  commissioner  shall  appoint,  subject  to  the 
provisions  of  this  charter,  a  superintendent  and  such  subordinate  officers, 
guards  and  employes  as  the  council,  by  an  administrative  ordinance,  shall  pro- 
vide for  the  proper  management  and  discipline  of  said  workhouse,  and  at  such 
salaries  and  wages  as  it  shall  fix.  Said  employes  shall  be  commissioned  as 
special  police  officers. 

Superintendent. — Sec.  337.  The  superintendent  of  said  workhouse  shall  be 
the  executive  officer  thereof  and  shall  be  responsible  to  the  commissioner  of 
public  works  for  the  discipline  thereof  and  for  the  enforcement  of  all  laws, 
ordinances,  rules  and  regulations  relating  thereto.  He  shall  reside  at  said 
workhouse,  devote  his  entire  time  to  the  business  thereof,  examine  into  the 
condition  and  management  of  every  department  thereof  and  of  each  prisoner 
therein  confined,  daily. 

Diminution  of  sentences. — Sec.  338.  It  shall  be  the  duty  of  the  commis- 
sioner of  public  works  to  provide  and  keep  a  book  in  which  shall  be  entered 
a  record  of  all  infractions  of  the  published  rules  and  discipline  of  the  said 
workhouse,  with  the  name  of  the  convict  oflFending,  and  the  date  and  character 
of  each  oflfense,  and  every  convict  who  shall  have  been  sentenced  for  a  term 
of  one  (1)  or  more  years,  who  shall,  at  the  end  of  the  first  (1st)  month  of 
his  imprisonment,  have  no  infraction  of  the  discipline  of  the  prison  recorded 
against  him,  shall,  for  the  first  (1st  )month  be  entitled  to  a  diminution  of  two 
(2)  days  from  the  term  of  his  sentence;  and  if  at  the  end  of  the  second  month, 
no  infraction  of  the  rules  is  recorded  against  him,  four  (4)  additional  days 
^of  dimunition  from  the  sentence;  and  if  he  shall  continue  to  have  no  such 
record  against  him  for  the  third  (3rd)  month,  his  time  of  sentence  shall  be 
shortened  six  (6)  additional  days;  and  if  he  shall  so  continue  for  the  subsequent 
months,  he  shall  be  entitled  to  six  (6)  days'  diminution  of  time  from  his 
sentence  for  each  month  he  shall  so  continue  his  good  behavior;  and  if  any 
convict  shall  so  pass  the  whole  term  of  his  service,  or  the  remainder  of  his 
sentence  after  the  adoption  of  this  charter  (providing  he  shall  have  the 
term  of  one  [l]  year  yet  to  serve),  he  shall  be  entitled  to  a  certificate  thereof 
Trom  such  commissioner,  and  shall  be  entitled  to  a  restoration  of  his  rights 
of  citizenship,  which  may  have  been  forfeited  by  his  conviction;  and  it  shall 
be  the  duty  of  the  commissioner  of  public  works  to  discharge  such  convict 
from  the  workhouse  when  he  shall  have  served  out  the  time  of  his  sentence, 
less  the  number  of  days  he  may  have  been  entitled  to  have  deducted  therefrom, 
in  the  same  manner  as  if  no  deduction  had  been  made;  provided,  that  if  such 
convict  shall  be  guilty  of  a  violation  of  any  of  the  printed  and  published  rules 
of  the  workhouse,  after  he  shall,  as  provided  in  this  chapter,  have  become  en- 
titled to  a  diminution  of  his  time  of  service  to  which  he  has  been  sentenced, 
the  commissioner  shall  have  the  power  to  deprive,  at  his  discretion,  such  con- 
vict of  a  portion  or  all   (according  to  the  flagrance  of  the  violation  of  dis- 


78  CHARTER  OF  CITY  OF  ST.   PAUL. 

cipline),   of  the   diminution    of  the   term  of   sentence   to   which   he   had  been 
previously  entitled  by  this  chapter. 

It  shall  be  the  duty  of  the  commissioner  of  public  works  to  keep  a  record 
containing  the  name  of  each  prisoner  confined  in  the  workhouse,  the  nature  of 
the  offense  for  which  he  was  committed,  the  date  when  he  was  committed, 
the  penalty  imposed  by  the  Court  at  the  time  of  his  commitment,  the  date 
of  his  discharge  and  the  reason  therefor,  which  record  shall  be  a  public  record. 

Sentence  to  workhouse. — Sec.  339.  It  shall  be  the  duty  of  any  court  judge 
or  justice  of  the  peace  in  the  County  of  Ramsey,  in  the  sentence  of  any  per- 
son convicted  of  an  ofifense,  punishable  by  imprisonment  in  the  common  jail 
of  Ramsey  county,  to  sentence  such  person  to  be  confined  in  the  said  work- 
house, there  to  be  received,  kept  and  employed,  according  to  law,  under  the 
rules  and  regulations  of  said  workhouse;  and  it  shall  be  the  duty  of  all  officers 
having  the  execution  of  the  final  process  of  any  court  or  justice  of  the  peace 
sentencing  convicted  persons  to  said  workhouse,  to  cause  such,  criminals  to  be 
conveyed  forthwith  to  said  workhouse. 

Escapes. — Sec.  340,  Any  person  lawfully  committed  to  said  workhouse, 
who  shall  escape  therefrom,  or  break  the  same  with  intent  to  escape  there- 
from, or  who  shall  attempt  by  force  or  violence  or  in  any  other  way,  to 
escape  from  said  workhouse,  whether  such  escape  be  effected  or  not,  shall, 
upon  conviction  thereof  before  the  municipal  court  of  said  city  be  punished 
by  confinement  in  said  workhouse,  for  a  term  not  exceeding  double  the  term 
for  which  such  person  was  so  sentenced,  to  commence  from  and  after  the 
expiration  of  his  or  her  former  sentence. 

Agreements  with  county  board. — Sec.  341.  The  county  commissioners  of 
any  organized  county  of  the  state  of  Minnesota  shall  have  full  power  and 
authority  to  enter  into  an  agreement  with  the  council  of  the  City  of  St.  Paul, 
or  with  any  authorized  agent  or  officer  in  behalf  of  said  city,  to  receive  and 
keep  in  the  St.  Paul  workhouse  any  person  or  persons  over  sixteen  years  of 
age,  who  may  be  sentenced  to  confinement  by  any  court  or  justice  of  the  peace 
in  any  of  said  counties,  for  any  term  not  less  than  sixty  days.  Whenever  such 
agreement  shall  have  been  made,  to  give  public  notice  thereof  in  some  news- 
paper published  within  said  county,  if  there  be  one,  and  in  case  no  newspaper 
is  published  within  said  county,  then  such  notice  shall  be  published  in  some 
newspaper  published  in  the  City  of  St.  Paul  for  a  period  of  four  weeks,  and 
such  notice,  shall  state  the  period  of  time  for  which  such  agreement  shall 
remain  in  force. 

Effect  of  such  agreement. — Sec.  343.  In  every  county  having  such  agree- 
ment with  the  said  City  of  St.  Paul,  it  shall  be  the  duty  of  every  court,  police 
justice,  justice  of  the  peace  or  other  magistrate,  by  whom  any  person  over 
sixteen  years  of  age,  for  any  crime  or  misdemeaner  not  punishable  by  im- 
prisonment in  the  state  prison,  may  be  sentenced  for  any  term  not  less  than 
sixty  days,  to  sentence  such  person,  if  over  sixteen  years  of  age  to  the  work- 
house in  the  City  of  St.  Paul,  there  to  be  received,  kept  and  employed  in  the 
manner  prescribed  by  law,  and  the  rules  and  discipline  of  the  said  workhouse; 
and  it  shall  be  the  duty  of  any  such  court,  police  justice,  justice  of  the  peace 
or  other  magistrate,  by  a  warrant  of  commitment  duly  issued  by  the  court, 
justice  or  magistrate  declaring  such  sentence,  to  cause  such  person  so 
sentenced,  to  be  forthwith  conveyed  by  some  proper  officer,  to  said  workhouse. 

Duty  of  sheriff,  etc. — Sec.  343.  It  shall  be  the  duty  of  the  sheriff,  con- 
stable or  other  officer  in  and  for  any  county  having  such  agreement  with  said 
City  of  St.  Paul  to  whom  any  warrant  or  commitment  for  that  purpose  may 
be  directed,  by  any  court  or  magistrate  in  such  county,  to  convey  such  person, 
so  sentenced  to  the  said  workhouse  in  the  City  of  St.  Paul,  and  there  deliver 
such  person  to  the  keeper  or  other  proper  officer  of  said  workhouse,  whose 
duty  it  shall  be  to  receive  such  person  so  sentenced,  and  safely  to  keep  and 
employ  such  person  for  the  term  mentioned  in  the  warrant  or  comrtiitment, 
according  to  the  laws  of  said  workhouse;  and  the  officer  thus  conveying  and 
so  delivering  the  person  or  persons  so  sentenced,  shall  be  allowed  such  fees 
or  compensation  therefor  as  shall  be  prescribed  or  allowed  by  the   board  of 


CHARTER  OF  CITY   OF  ST.   PAUL.  79 

commissioners  for  the  county  in  which  such  prisoners  shall   have  been  con- 
victed. 

Compensation  for  care  of  prisoners. — Sec.  344.  That  for  the  board,  con- 
finement and  maintenance  of  all  prisoners  received  in  the  St.  Paul  workhouse 
from  any  county,  with  which  the  City  of  St.  Paul  has  a  contract  to  receive 
such  prisoners,  and  from  the  County  of  Ramsey,  such  compensation  may  be 
charged  and  received  by  the  commissioner  of  public  works,  from  the  counties 
in  which  said  prisoners  were  convicted  as  may  be  agreed;  but  in  no  event 
shall  the  price  or  sum  for  the  board  or  maintenance  of  any  prisoner  exceed 
$1.50  per  week. 

Compensation  of  sheriff  for  board  of  prisoners. — Sec.  345.  That  after  the 
adoption  of  this  chapter  no  greater  or  other  sum  than  $1.50  per  week  shall  be 
paid  by  the  City  of  St.  Paul  to  the  sheriff  of  Ramsey  county  for  the  board 
of  any  prisoner  sentenced  by  or  held  under  any  process  or  warrant  issued  out 
of  the  municipal  court  of  said  City  of  St.  Paul,  which  sum  shall  be  in  full  for 
all  charges  and  expenses  for  the  commitment  as  well  as  the  board  of  such 
prisoners. 

Powers  and  Duties   of  Commissioner — General  Provisions. 

Appointments  of  commissioners. — Sec.  346.  The  said  commissioner  shall 
appoint  only  such  persons  to  be  chief  engineer  and  such  other  engineers,  sur- 
veyors, and  other  skilled  employes  in  the  bureau  of  engineers;  and  such  per- 
sons as  superintendent  of  construction  and  repairs,  and  other  skilled  employes 
of  said  bureau  of  construction  and  repairs,  and  such  persons  as  superintendent 
of  sanitation  and  other  skilled  employes  in  the  said  bureau  of  sanitation,  and 
other  skilled  employes  of  said  department  who  shall  possess  and  have  the 
qualifications  prescribed  by  the  council,  by  an  administrative  ordinance.  And 
the  said  chief  engineer,  superintendent  of  construction  and  repairs,  and  the 
superintendent  of  sanitation  shall  be  appointed  only  with  the  consent  and 
approval  of  the  council,  by  resolution. 

General  powers  and  duties. — Sec.  347.  The  said  commissioner  of  public 
works  shall  be  ex-officio  a  member  of  the  water  board  and  shall  be  responsible 
for  all  construction  work  and  repairs,  except  buildings,  in  connection  with 
said  water  board.  He  shall  have  charge  of  all  engineering  and  surveying  work 
of  the  city  or  any  of  its  departments.  He  shall  keep  or  cause  to  be  kept  a 
complete  official  and  public  record  of  all  work  of  his  department  and  in  his 
office,  and  shall  record  notes,  maps,  plats,  and  other  data  made,  prepared  or 
secured  by  said  department  or  its  employes  shall  be  the  property  of  said 
city.  He  may  transfer  any  employe  temporarily  from  one  bureau  to  another, 
or  require  any  employe  of  one  bureau  to  perform  duties  for  another. 

He  shall  have  charge  and  direction  of  all  municipal  quarries,  works,  and 
other  facilities  for  the  construction  and  laying  of  macadam,  asphalt  and  other 
kinds  of  paving  material;  cement  works,  gravel  pits  and  other  works  for  the 
making  of  cement  stone  or  blocks,  tile  or  other  artificial  stone  for  sidewalks 
or  any  other  material  used  in  the  construction  of  repair  work  to  be  done  by 
said  commissioner,  or  the  water  board,  or  any  other  department  or  bureau 
of  said  city;  any  and  all  apparatus,  works  or  facilities  for  the  cleaning,,  repair- 
ing, constructing,  sprinkling,  any  sewer,  street,  alley,  or  other  public  highway, 
or  bridge,  and  the  collection  of  and  disposal  of  any  garbage,  or  other  waste 
material. 

He  shall  grant  such  permits  or  privileges  in  the  streets,  alleys  and  other 
public  places  as  the  council  by  ordinance,  shall  authorize  him  to  grant  and 
upon  such  conditions  as  it  may  prescribe,  and  supervise  the  exercise  thereof. 

He  shall  perform  such  other  duties  and  exercise  such  other  powers  as  the 
council  may  grant  and  prescribe. 

Sec.  348.  No  employe  or  officer  of  said  department  shall,  during  such 
hours  of  his  employment,  perform  any  service  or  do  any  work,  except  for  the 
said  department  or  the  city.  No  engineer,  surveyor  or  other  skilled  officer 
or  employe,  shall  at  any  time  perform  any  service  for  compensation  or  gratuity 
or  reward  for  any  other  person  or  persons,  but  shall  give  and  devote  all  his 
efforts  and  time  to  said  department  and  the  city. 


80  CHARTER    OF   CITY   OF   ST.   PAUL. 

Rules  and  regulations. — Sec.  349.  The  said  commissioner  shall  have  the 
power,  subject  to  the  approval  by  the  council,  by  an  administrative  ordinance 
to  make  such  rules  and  regulations  for  the  government  of  the  said  department 
or  any  of  the  bureaus  thereof  as  the  said  commissioner  may  deem  necessary 
and  wise. 

Sec.  349[a].  Said  commissioner  of  public  works  shall  prepare  plans,  specifi- 
cations and  estimates  for  all  work  provided  for  in  this  chapter  and  the  chap- 
ter of  this  charter  on  local  improvements  (Chapter  XIV)  and  said  plans  shall 
be  approved  by  the  council  before  any  work  shall  be  done  under  them.  After 
any  such  improvement  has  been  ordered,  said  council  shall  cause  bids  to  be 
received  therefor  on  the  basis  of  said  contractor  furnishing  all  labor  and 
material  for  said  work  for  a  specified  sum;  also  on  the  basis  of  a  force  account, 
said  contractor  to  receive  a  certain  percentage  of  cost  price  for  carrying  on 
the  work.  Said  council  may  let  said  contract  as  it  may  see  fit  or  it  may 
reject  all  bids  and  order  said  commissioner  of  public  works  to  secure  the 
necessary  material  through  the  purchasing  agent  provided  for  in  this  charter, 
and  perform  said  work  by  day  labor.  In  either  case  said  work  shall  be  paid 
for  as  this  charter  provided  and  said  commissioner  shall  have  general  charge 
thereof.     The  council  shall  by  proper  ordinance  give  effect  to  this  section. 


CHAPTER  XVIII. 

Department  of  Public  Safety. 

Composition. — Sec.  350.  There  is  hereby  created  a  department  of  public 
safety  which  shall  be  composed  of  the  bureaus  of  police,  of  fire  protection, 
of  health,  of"  police  and  fire  alarm  telegraph,  and  of  general  administration, 
and  subject  to  the  charter  and  enactments  in  pursuance  thereof,  the  same  shall 
be  under  the  full  and  complete  control,  direction  and  management  of  the  com- 
missioner of  public  safety. 

Commissioner's  powers  and  duties. — Sec.  351.  Upon  recommendation  of 
the  said  commissioner  the  council  shall  pass  an  administrative  ordinance  de- 
fining and  creating  in  detail  the  organization  and  arrangement  of  the  depart- 
ment and  each  and  every  bureau  thereof,  covering  the  transaction  of  the 
business  thereof  and  of  each  bureiau,  and  rules  and  regulations  for  the  manage- 
ment and  government  of  the  depaftrhent  and  each  and  every  bureau  thereof, 
defining  the  powers  and  duties  of  all  officers  and  employes  of  said  depart- 
ment and  its  bureaus  subordinate  to  the  said  commissioner,  provided  that 
the  same  shall  be  subject  to  the  provisions  of  this  charter  and  any  ordinance 
enacted  in  pursuance  thereof,  and  provided  further  that  nothing  therein  shall 
prevent  the  said  commissioner  from  using  the  officers  and  employes  of  one 
bureau  temporarily  for  work  in  another,  or  the  performance  of  work  connected 
with  the  city  business  which  the  said  commissioner  may  direct  them  to  per- 
form. It  is  hereby  declared  to  be  the  intent  of  this  charter  that  all  ad- 
ministrative details  remain  and  be  in  the  hands  of  the  said  commissioner  so 
that  he  may  secure  the  best  results  from  his  subordinates. 

Appointments,  etc. — Sec.  352.  Subject  to  the  charter  and  enactments  in 
pursuance  thereof,  the  said  commissioner  shall  have  the  power  to  appoint, 
promote,  suspend,  reprimand,  dismiss  and  otherwise  punish  any  officer  or  em- 
ploye of  said  department  or  its  bureaus,  and  also  to  require  a  bond  therefrom 
and  prescribe  the  conditions  thereof. 

Hearings, — Sec.  352[a].  The  said  commissioner  may  conduct  any  inquiry 
relating  to  the  business  of  his  department  or  the  conduct  of  any  officer  or 
employe  of  his  department  relative  to  the  performance  of  his  duty  and  shall 
have  the  power  to  summon  and  compel  the  attendance  of  witnesses,  the  pro- 
duction of  books,  papers  or  other  documentary  evidence;  to  examine  the  same 
under  oath,  and  to  administer  oaths. 


CHARTER   OF   CITY   OF   ST.   PAUL.  81 

Police  and  fire  districts. — Sec.  353.  The  said  commissioner  shall  recom- 
mend and  the  council  by  an  administrative  ordinance  may  establish  and  pro- 
vide for  the  erection,  equipment  and  maintenance  of  such  police  and  fire  dis- 
tricts, precincts,  stations  and  sub-stations,  as  may  be  necessary  for  the  proper 
conduct  of  the  department,  and  shall  provide  for  equipment  and  maintenance 
of  a  police  ambulance. 

Custody  of  property. — Sec.  354.  All  property  of  every  description  what- 
ever belonging  to  and  under  the  control  of  the  said  department  or  its  bureaus 
shall  be  in  the  custody  of  and  under  the  control  of  the  said  commissioner, 
who  shall  be  responsible  for  its  safe-keeping.  Subject  to  the  charter  and 
ordinances  pursuant  thereto,  the  council,  upon  recommendation  of  the  said 
commissioner,  shall  by  an  administrative  ordinance,  provide  and  prescribe  rules 
and  regulations  for  the  care,  custody,  preservation,  acquisition,  control,  man- 
agement and  alienation  of  all  property  belonging  to  the  said  department  or 
its  bureaus. 

Injuries  and  death  in  service. — Sec.  355.  On  the  recommendation  of  the 
said  commissioner,  the  council  may  provide  for  and  allow  to  any  fireman, 
policeman,  or  other  employe  of  the  bureau  of  police,  fire  protection,  and 
police  and  fire  alarm  telegraph  injured  in  actual  service  and  in  the  perform- 
ance of  his  duty,  such  compensation  or  pay  and  for  such  period  ^s  it  may 
deem  proper.  And,  in  all  cases  where  any  of  the  aforesaid  persons,  while  in 
the  performance  of  his  daty  shall  be  killed  or  so  injured  that  death  shall 
result  therefrom  within  one  year  from  the  time  of  such  injury,  then  the  council 
may  provide  for  the  payment  to  the  widow,  minor  children  or  any  next  of 
kin  wholly  dependent  on  such  deceased  for  support  a  sum  not  to  exceed  $40 
per  .month  for  the  widow  and  minor  children  until  the  youngest  of  said  minor 
children  shall  reach  the  age  of  sixteen  years,  then  $30  per  month  to  the  widow 
while  she  shall  remain  a  resident  of  Minnesota  and  remain  unmarried.  If  there 
be  no  widow  surviving,  then  each  minor  child,  if  any,  shall  receive  $15  per 
month  until  said  child  reaches  the  age  of  eighteen  years,  when  said  payments 
shall  cease;  provided,  however,  that  in  all  cases  of  injury  or  death  the  parties 
affected  thereby  and  to  whom  money  shall  be  paid,  shall,  before  the  same  is 
paid,  execute  a  good  and  sufficient  release  discharging  the  city  from  any  and 
all   liability. 

Bureau  of  Police. 

Composition. — Sec.  356.  The  said  commissioner  shall  ex-officio  be  the 
chief  of  police  and  peace  officer  of  the  city,  and  subject  to  the  charter  and 
enactments  in  pursuance  thereof,  shall  appoint  the  officers  and  employes  here- 
inafter named,  who  shall  constitute  and  be  the  bureau  of  police: 

A  chief  of  police,  at  a  salary  not  to  exceed  $4,000.00  per  annum  and  for 
a  term  of  two  years  from  and  after  his  appointment  and  until  his  successor  is 
appointed. 

A  license  inspector,  at  a  salary  to  be  fixed  by  the  council,  and  for  a  term 
of  two  years  from  and  after  his  appointment  and  until  his  successor  is  ap- 
pointed, provided,  however,  that  the  two  appointments  above  shall  be  made 
with  the  approval  of  the  council. 

Such  captains,  lieutenants,  detectives,  patrolmen  and  such  other  employes 
as  the  council,  by  an  administrative  ordinance,  shall  provide  including  one  or 
•more  women  to  be  detailed  for  special  work  as  police  officers,  and  at  such 
compensation  as  it  shall  fix,  provided,  however,  that  there  shall  be  no  more 
than  one  lieutenant  and  two  sergeants  for  each  police  station. 

Such  surgeons  and  other  employes  and  at  such  compensation  as  the  coun- 
cil shall  likewise  provide  and  prescribe  for  the  maintenance  and  operation  of 
a  police  ambulance. 

Such  special  policemen  and  watchmen,  who  shall  serve  without  pay  and 
who  shall  have  all  the  authority  conferred  upon  policemen  in  the  regular  ser- 
vice and  who  shall  be  subject  to  all  the  rules  and  regulations  prescribed  for 
such  special  policemen  and  watchmen  and  who  shall  not  be  subject  to  the  civil 
service  provisions  of  this  charter. 

Powers  of  police. — Sec.  357.  The  chief  of  police  and  all  members  of 
bureau   of  police   shall  possess  the  power  of  constables  at  common  law  and 


§2  CHARTER   OF   CITY   OF   ST.   PAUL. 

such  powers  conferred  by  statutes  of  this  state,  and  shall  have  power  to  pursue 
and  arrest  any  person  fleeing  from  justice  in  any  part  of  the  state;  provided, 
however,  that  no  members  of  the  said  bureau  of  police  shall  go  outside  the 
limits  of  the  city  in  pursuit  of  any  offender  or  to  execute  any  warrant  or  pro- 
cess except  in  cases  where  an  offense  is  committed  within  the  said  city. 

All  councilmen,  the  mayor,  and  all  members  of  the  bureau  of  police  shall 
be  officers  of  the  peace  and  may  command  peace,  suppress  in  a  summary 
manner  all  rioting  and  disorderly  conduct  within  the  limits  of  the  city,  and 
for  such  purpose  may  command  the  assistance  of  all  bystanders,  and  if  neces- 
sary of  all  citizens  and  all  companies  of  the  National  Guard  of  Minnesota; 
and  if  any  citizen,  bystander,  military  officer  or  private  of  said  Guard  shall 
refuse  when  so  required  to  maintain  the  peace,  such  person  shall  forfeit  and 
pay  a  fine  of  fifty  ($50.00)  dollars.  In  cases  where  the  military  power  may  be 
required  to  suppress  riot  or  disorderly  conduct,  or  preserve  the  peace,  the 
mayor,  a  commissioner,  a  lieutenant  or  superior  officer  of  the  police  force,  if 
present,  shall  direct  all  proceedings,  and  if  none  such  is  present,  then  the 
superior  military  officer  present  shall  direct  all  proceedings. 

Municipal  Court  Officers. — Sec.  358.  All  powers  conferred  upon  the  mayor 
and  the  police  force  by  general  or  special  law  relating  to  the  Municipal  Court, 
are  hereby  conferred  upon  and  imposed  upon  the  commissioner  of  public 
safety  and  the  bureau  of  police. 

License  inspector. — Sec.  359.  Except  as  otherwise  provided  by  law  and 
this  charter  the  license  inspector,  under  the  direction  and  control,  of  the 
said  commissioner,  shall  enforce  all  payments  of  all  licenses,  moneys  payable 
to  said  city  and  report  all  violations  of  license  laws. 

Eligibility. — Sec.  360.  No  person  shall  be  appointed  a  police  officer  who 
is  not  an  elector  of  the  city  under  thirty-five  years  of  age,  able  to  read  and 
write  and  speak  English,  and  who  is  not  in  good  health  and  physique  as 
established  by  a  physical  examination,  but  this  condition  shall  not  apply  to 
the  chief  of  police,  detectives,  special  policemen  and  watchmen,  women  officers 
as  above  authorized,  matrons  and  license  inspector  or  bailiffs  of  Municipal 
Court.  ^ 

General  duties. — Sec.  361.  It  shall  be  the  duty  of  the  said  commissioner 
and  the  bureau  of  police: — 

A.  To  enforce  all  the  laws  of  the  State  of  Minnesota  and  the  ordinances 
of  the  city  and  arrest  violators  thereof. 

B.  Report  the  condition  of  all  public  lights  and  sidewalks  and  any  viola- 
tion of  the  health  and  sanitary  laws  and  ordinances  as  well  as  of  the  rules 
and  regulations  of  the  bureau  of  health. 

C.  Report  all  injuries  to  persons  and  property  occurring  through  acci- 
dent or  otherwise  upon  the  streets,  alleys  and  public  places  within  the  city, 
and  .all  facts  relating  thereto. 

D.  Report  all  materials  or  debris  carelessly  or  wilfully  left  in  the  public 
streets,  alleys  and  public  places  which  will  in  any  way  impede  public  travel 
or  cause  any  expense  to  the  city  for  the  removal  thereof. 

Disposition  of  weapons. — Sec.  362.  The  commissioner  aforesaid,  subject 
to  the  provisions  of  this  charter,  may  provide  for  the  sale,  destruction  or  other 
disposition  of  all  weapons,  apparatus,  implements,  and  other  articles  used  in 
the  commission  of  crime  or  coming  into  the  custody  of  said  bureau;  provided, 
however,  that  where  such  may  be  used  as  evidence  in  either  a  civil  or  criminal 
proceeding,  the  same  shall  in  no  way  be  disposed  of  except  upon  a  written 
order  of  a  court  of  record. 

Lost  or  stolen  property. — Sec.  363.  Where  lost  or  stolen  property  shall 
come  into  the  hands  of  said  bureau,  and  be  not  claimed,  identified,  or  the  true 
owner  be  not  found,  then  the  said  commissioner  shall  cause  the  same  to  be 
sold  by  the  purchasing  agent  after  ten  (10)  days'  notice  of  such  sale  in  the 
official  paper,  and  the  proceeds  therefrom  shall  be  deposited  in  the  treasury 
of  said  city  to  the  credit  of  said  bureau. 


CHARTER  OF  CITY  OF  ST.  PAUL.  8S 

Sec.  364.  Said  commissioner  shall  detail  at  the  request  of  the  county- 
attorney  of  Ramsey  county  one  or  more  members  of  said  police  bureau  to 
work  under  the  direction  of  said  county  attorney,  and  while  so  engaged  they 
shall  be  paid  by  the  county. 

Gratuities. — Sec.  365.  Any  member  of  the  bureau  of  police  who  shall 
accept  from  any  person,  while  in  custody  or  after  he  shall  have  been  dis- 
charged, or  from  any  of  said  person's  friends  or  from  any  person  any  gratuity^ 
reward  or  description  of  drink;  or  who  shall  receive  from  any  person  without 
the  written  consent  of  the  said  commissioner  any  reward  for  the  arrest  of 
any  person  or  the  recovery  of  any  goods,  or  money  compensation  for  injuries 
sustained,  shall  be  guilty  of  a  misdemeanor  and  shall  be  removed  from  such 
service  and  otherwise  punished.  Such  permission  shall  be  and  constitute  a 
permanent  public  record. 

Park  police. — Sec.  366.  Nothing  herein  contained  shall  be  deemed  to  give 
the  commissioner  of  public  safety  or  the  bureau  of  police  any  jurisdiction  over 
the  police  organized  and  maintained  by  the  department  of  parks,  playgrounds 
and  public  buildings. 

Bureau  of  fire  protection. — Sec.  367.  The  said  commissioner  of  public 
safety  shall  be  ex-officio  fire  marshal  and  head  of  the  bureau  of  fire  protection, 
and  subject  to  the  charter  and  enactments  in  pursuance  thereof,  shall  name 
and  appoint  the  officers  and  employes  hereinafter  named,  who  shall  be  and 
constitute  the  bureau  of  fire  protection: 

A  fire  chief  for  a  term  of  two  years  from  and  after  his  appointment  and 
until  his  successor  is  appointed  and  at  an  annual  salary  not  to  exceed  four 
thousand  ($4,000.00)  dollars;  the  appointment  of  said  chief  shall  be  subject  to 
confirmation  by  the  city  council. 

Such  battalion  chiefs,  captains,  lieutenants,  engineers,  and  other  employes 
and  until  his  successor  is  appointed,  and  at  an  annual  salary  not  to  exceed 
two  thousand    ($2,000.00)    dollars  a  year. 

Such  battalion  chiefs,  captains,  lieutenants,  engineers,  and  other  employes 
as  the  council,  by  an  administrative  ordinance,  shall  provide  and  at  such  com- 
pensation as  it  shall  fix. 

Police  powers. — Sec.  368.  When  acting  under  the  direction  of  the  said 
commissioner,  or  any  officer  of  the  bureau  of  fire  protection,  or  when  en- 
gaged in  any  duty  imposed  by  this  charter  or  enactments  in  pursuance  thereof,. 
or  in  actual  service  of  fire  prevention  and  fire  extinguishment,  all  firemen  and 
employes  of  said  bureau  shall  have  the  power  of  policemen,  provided,  however^ 
that  all  officers  of  the  bureau  shall  at  all  times  have  such  powers. 

Fire  chief — Powers. — Sec.  369.  The  fire  chief  or  the  superior  officer  of  the 
bureau  present  shall  have  full  control  of  all  persons  present  at  fires  and  shall 
have  power,  if  need  be,  to  summon  any  and  all  persons  present  to  aid  in 
extinguishing  any  fire,  to  remove  personal  property  from  any  burning  struc- 
ture and  iii  guarding  the  same,  and  any  person  refusing  so  to  do  shall  be 
guilty  of  a  misdemeanor.  Such  person  shall  also  have  power  to  order  or 
cause  the  removal  or  destruction  of  any  building,  structure  or  obstruction  for 
the  purpose  of  checking  or  extinguishing  any  fire. 

Eligibility. — Sec.  370.  No  person  shall  be  appointed  a  fireman  unless  he 
possess  the  same  qualifications  as  herein  required  for  policemen;  provided,, 
however,  that  this  shall  not  apply  to  the  chief,  assistant  chief  or  other  posi- 
tions requiring  a  technical  knowledge. 

Additional  duties. — Sec.  371.  The  council  by  ordinance  may  impose  fur- 
ther powers  and  duties  on  the  bureau  of  fire  protection,  any  of  its  officers  and 
employes. 

Bureau  of  Health. 

Composition. — Sec.  372.  The  commissioner  of  public  safety  shall  ex- 
officio  be  the  chief  health  officer  of  the  city,  and  subject  to  the  charter  and 
enactments  in  pursuance  thereof,  shall  appoint  the  officers  and  employes 
hereinafter  named,  who  shall  be  and  constitute  the  bureau  of  health. 


84  CHARTER  OF  CITY  OF  ST.   PAUL. 

A  health  officer,  who  shall  be  a  duly  licensed  physician  of  not  less  than 
five  years'  practice,  and  at  a  salary  not  to  exceed  four  thousand  ($4,000.00) 
dollars  per  annum. 

A  deputy  health  officer,  who  shall  be  a  duly  licensed  physician  of  not  less 
than  three  years'  practice,  and  at  a  salary  not  to  exceed  two  thousand  five 
hundred  ($2,500.00)  dollars  per  annum. 

Both  of  the  above  officers  shall  be  appointed  with  the  consent  of  the 
council,  and  each  shall  hold  office  for  a  term  of  two  years  from,  and  after 
their  appointment   and  until   their   successors   are  appointed. 

Such  other  officers,  physicians,  inspectors,  assistants  and  other  employes 
as  the  council,  by  an  administrative  ordinance,  may  provide  and  at  such  com- 
pensation as  it  shall  fix. 

General  health  powers. — Sec.  373.     The  council  on  recommendation  of  the 
said   commissioner   shall,   by  ordinance,   give  the   said   commissioner   and   said 
health  officer  such  powers  and  impose  upon   them  such  duties   as  will  enable 
them  fully  to  protect  the  public  health  and  the  sanitary  condition  of  the  city. 
Such  health  officer  shall  also  be  the  sanitary  adviser  of  all  city  officers.     Said 
commissioner,  by  and  through  the  bureau  of  health   shall  have  the  power  of 
abating  any  nuisance  upon   such  notice  and  by   such  methods  as  the  council, 
by  ordinance  shall  prescribe;    shall   have   the  power   of  controlling   or   taking 
measures    to    control   all    contagious,    infectious    diseases    within    said    city;    to 
placard  all  infected  houses  and  buildings;  shall  have  full  charge  of  such  small- 
pox or  detention  hospitals  as  said  city  may  establish  or  has  established;  and 
in  case  of  pestilence  or  epidemic,  actual  or  impending,  take  such  measure  as 
he   may  in  good   faith  deem   necessary   to   insure  the  public   health   or   safety. 
Said  commissioner   shall  take  such  measures   as  in  the  opinion  of  the  health 
officer   may   be    necessary   to   prevent   the    spread   of   smallpox   or   other   con- 
tagious and  infectious  disease;  he  shall  have  the  power  to  quarantine,  placard 
and   disinfect  any  house  or   building  or   order  it  to  be  done;   close  the   same 
until  so  disinfected;  and  subject  to  the  approval  of  the  council,  he  may  order 
all  boats,  trains,  and  other  conveyances  bringing  persons  or  goods  to  the  city 
to  be  quarantined  and  compel  persons  or  corporations  operating  the  same  to 
take  such  steps  as  may  be  necessary  to  protect  the  public  health.     It  shall  be 
the   duty   of   said  commissioner   to   see    to   it   that  all   persons   so   quarantined 
shall    receive    proper    medical    attendance,    nursing,    food,    and    quarters;    shall 
decide  upon  the  advice  of  the  health  officer  when  persons  so  quarantined  shall 
be  discharged  therefrom  and  what  precautions  shall  be  taken  before  their  dis- 
charge for  the  protection  of  the  public  health;  and  shall  keep  at  such  quaran- 
tine such   police  force  necessary  to  enforce   the  orders   of   said   commissioner 
and  the  health  officer.     Said  commissioner  with    the  approval  of  the  council 
shall    have   power   to   establish,   equip   and   maintain   such   quarantine    stations, 
hospitals  and  other  buildings  as  may  be  necessary  for  the  preservation  of  the 
public  health.     He  shall  provide  proper  blanks  and  forms  for   all  returns  auu 
data  for  vital   statistics,  and  shall    secure   a  proper  registry  of   births,   deaths 
and   other  necessary  statistics  within  said  city.     He  shall  cause  to  be  vaccin- 
ated free  of  charge  and  give  certificates  thereof  to  all  persons  applying  there- 
for.    Said  commissioner    shall   hve   the  power   of  abating  and  correcting  any 
condition   considered   by   said   health   officer    to   be   detrimental   to   the   public 
health    and    the    sanitary    condition    of   the    city.      He    shall    enforce    all    state 
laws  relating  to  the  public  health  and  shall  have  full  sanitary  control  of  all 
places  and  institutions  within  the  city  and   may   require   from  all   persons   in 
administrative    control    of    hospitals,    asylums,    dispensaries,    prisons,    schools, 
theaters  and  other  places  of  amusement  or  recreation   to  make  such  reports 
as  may  aid  in  making  safer   the  public  health.     It  is  hereby  made  the  duty 
of  every  physician  and  midwife  within  said  city  to  report,  in  such  manner  as 
the   commissioner   may   direct,   all   births   and   with   such   other   facts   deemed 
pertinent  by  said  commissioner,  and  all  physicians  shall   register  and  report 
in  such  form  as  may  be  prescribed  by  said  commissioners,  all  deaths  of  which 
he    has    knowledge,   within    twenty-four    hours    after    he    has    learned    of   said 
deaths.     The  coroner  shall  report  to  the  said  commissioner  within  forty-eight 
hours  after  it  is  completed  the  result  of  any  inquest.    All  physicians  shall  report 
in    such    manner    as    the    said    commissioner    shall    direct    all    cases    of    con- 
tagious  diseases.     Said   commissioner  with   the  approval  of  the  council   shall 


CHARTER  OF  CITY  OF  ST.  PAUL.  85 

make  such  regulations  and  rules  as  may  be  necessary  for  the  interment  and 
removal  of  all  dead  bodies.  Said  commissioner  shall  have  jurisdiction  over 
all  lakes  and  water  courses  in  Ramsey  county  to  the  same  extent  as  though 
located  within  the  city. 

The  council  by  proper  ordinances  shall  make  effective  and  define  in  detail 
all  powers  and  duties  hereinbefore  imposed  and  granted,  and  such  other  powers 
and  duties  as  may  be  necessary  to  conserve  the  public  health. 

All  persons  whatever  violating  the  provisions  of  the  charter  or  ordinances 
enacted  in  pursuance  thereof,  all  rules  and  regulations  of  the  bureau  of  health 
concerning  the  public  health  and  sanitation,  or  who  shall  interfere  with  any 
health  officer  in  the  performance  of  his  duties  shall  be  guilty  of  a  misdemeanor 
and  shall  be  subject  to  a  fine  not  to  exceed  one  hundred  ($100.00)  dollars  or 
imprisonment  not  to  exceed  ninety   (90)   days,  or  both. 

Removing  nuisances. — Sec.  374.  The  council,  by  ordinance,  may  empower 
the  said  commissioner  to  remove  and  abate  or  cause  the  same  to  be  removed 
or  abated,  any  nuisance,  any  substance,  matter,  omission  or  thing,  which  said 
commissioner  may  regard  as  dangerous  to  the  health  or  as  impairing  the 
sanitary  condition  or  good  order  of  the  city,  being  or  lying  in  any  street,  alley, 
water,  excavation,  building,  erection,  place,  lot  or  grounds  and  may  designate 
a  place  to  which  the  same  may  be  removed.  He  shall  serve  a  notice  on  the 
owner,  occupant  or  agent  of  any  lot.  building  or  premises  aforesaid  ordering 
the  things  aforesaid  to  be  removed  therefrom  within  such  time  as  the  council 
shall  by  ordinance  prescribe,  and  that  in  case  of  non-compliance  the  same 
will  be  done  by  the  said  commissioner  at  the  expense  of  the  owner  of  said 
premises.  The  said  commissioner  shall  after  such  time  has  expired  proceed 
to  remove  such  things  aforesaid,  determine  the  cost  thereof,  charge  the  owner 
and  the  premises  therewith  and  not  later  than  the  1st  day  of  October  of  each 
year  certify  to  the  County  Auditor  the  amounts  so  charged  against  such 
premises,  lots  and  places  together  with  a  description  of  the  premises  and  the 
supposed  owner  thereof  as  nearly  as  practicable,  and  such  charge  shall  be 
collected  and  collection  enforced  in  the  same  manner  as  taxes  against  the 
said  premises.  Such  charges  shall  be  a  perpetual  lien  on  said  premises  until 
paid.  Provided,  however,  that  where  no  owner,  occupant  or  agent  can  be 
found  or  the  same  is  unknown,  then  said  commissioner  may  proceed  without 
such  notice. 

Employes — Policemen. — Sec.  375.  Every  officer  and  employe  of  the  bureau 
of  health,  in  the  performance  of  any  duty  imposed  by  law.  this  charter,  ordi- 
nances in  pursuance  thereof,  or  any  order  or  direction  of  the  commissioner 
or  the  health  officer  shall  have  and  be  vested  with  all  the  powers  of  a  police- 
man. 

Public   Baths. 

In  charge. — Sec.  376.  The  commissioner  of  public  safety,  as  chief  health 
officer  of  the  city,  shall  manage,  control  and  supervise  the  public  baths  on 
Harriet  Island  and  the  grounds,  buildings  and  institutions  connected  therewith 
and  adjacent  thereto. 

Appoint  employes. — Sec.  377.  He  shall  appoint  and  remove,  subject  to  the 
charter  and  ordinance  in  pursuance  thereof,  all  such  assistants  and  employes 
and  at  such  compensation  as  the  council  by  an  administrative  ordinance  shall 
provide  and  prescribe. 

Rules. — Sec.  378.  With  the  consent  of  the  council,  by  administrative  ordi- 
nance, he  shall  make  and  enforce  rules  and  regulations  to  govern  the  use  of 
such  baths  and  the  buildings  and  grounds  appertaining  thereto. 

Food  Inspection — Hotels  and  Restaurants. 

Sec.  379.  The  cornmissioner  of  public  safety  shall  administer  and  enforce 
all  laws  and  ordinances  relating  to  the  inspection  of  milk,  meats  and  other 
food  substances,  and  also  all  laws  and  ordinances  relating  to  the  inspection 
of  hotels  and  restaurants,  tenements  and  lodging  houses.  The  council  shall 
have  power  by  ordinance  to  make  effective  the  duties  in  this  section  prescribed, 


86  CHARTER  OF  CITY  OF  ST.  PAUL. 

and  to  compel  by  proper  penalties  all  dealers  to  conform  to  such  regulations 
as  shall  fully  protect  the  public  health. 

Public  Comfort   Stations. 

Sec.  380.  The  commissioner  of  public  safety  shall  supervise  and  control 
the  maintenance  and  operation  of  all  public  comfort  stations;  appoint  and 
remove  all  such  attendants  and  employees  therefor  as  the  council  by  an  admin- 
istrative ordinance  may  provide  and  at  such  compensations  as  it  may  prescribe, 
and  with  the  consent  of  the  council  make,  prescribe  and  enforce  all  rules  and 
regulations  for  the  orderly  public   use   thereof. 

Bureau  of  Police  and  Fire  Alarm  Telegraph. 

Composition. — Sec.  381.  The  said  commissioner  of  public  safety  shall  be 
the  head  and  in  full  charge  and  control  of  the  bureau  of  police  and  fire  alarm 
telegraph,  and  which  shall  be  composed  as  follows: 

A  superintendent  of  the  said  bureau,  who  shall  possess  such  qualifications 
as  the  council  shall  prescribe,  and  at  such  compensation  as  it  shall  fix,  and 
such  other  employes,  operators,  linernen  as  the  council  shall  provide  and  at 
such  compensation  as  it  shall  determine;  all  of  whom  are  to  be  appointed  in 
accordance  wtih  the  provisions  of  the  charter  and  enactments  in  pursuance 
thereof. 

Powers  and  duties. — Sec.  382.  The  said  bureau  shall  have  full  charge, 
management  and  control  of  the  construction,  maintenance  and  operation  of 
the  telegraph,  telephone  and  alarm  systems  of  the  department  of  public  safety, 
and  shall  have  such  powers  and  duties  as  the  council  by  administrative  ordi- 
nance shall  provide  and  prescribe. 

Bureau   of    General    Administration. 

Composition. — Sec.  383.  The  said  commissioner  of  public  safety  shall  be 
the  head  of  the  bureau  of  general  administration,  which  shall  be  composed  as 
follows: 

A  chief  clerk,  and  such  accountants,  clerks,  and  other  employes  as  the 
council  by  an  administrative  ordinance  may  provide,  of  such  qualifications  as 
it  shall  prescribe  and  at  such  compensaticn  as  it  shall  fix,  and  all  of  whom 
shall  be  appointed  by  the  commissioner  aforesaid  in  accordance  with  the 
charter. 

Powers  and  duties. — Sec.  384.  Such  bureau  shall  have  charge  of  all  the 
accounting  and  fiscal  operations  of  the  aforesaid  department  and  shall  have 
such  other  powers  and  duties  as  the  council  by  an  administrative  ordinance 
shall  grant  and  prescribe. 


CHAPTER  XIX. 

Commissioner  of   Education. 

To  establish  and  maintain  schools. — Sec.  385.  Under  the  direction  and 
control  of  the  council,  the  commissioner  of  education  shall  establish,  control, 
maintain  and  provide  for  the  public  schools,  the  public  school  system  and  the 
general  educational  interests  of  the  City  of  St.  Paul  as  a  special  school  dis- 
trict, and  shall  manage  and  control  the  property,  real  and  personal,  belonging 
to  said  city  which  is  used  for  the  purposes  of  education,  subject  only  to  the 
provisions  and  limitations  provided  for  in  this  charter. 

Powers  of  Commissioner. — Sec.  386.     Under  the  direction  and  control  of 

the  council  the  commissioner  of  education  shall  have  power  to  establish,  con- 
trol and  maintain  kindergartens,  grade  schools,  high  schools,  manual  training 
schools,  evening  schools,  a  training  school  for  the  teachers,  truant  schools 
and  such  other  schools  as  may  from  time  to  time  be  necessary  to  establish. 


CHARTER  OF  CITY  OF  ST.  PAUL.  87 

Unler  the  direction  and  control  of  said  council,  said  commissioner  shall 
appoint  supervisors,  principals,  teachers,  one  or  more  medical  inspectors  and 
nurses,  one  or  more  truant  officers,  janitors,  engineers,  firemen,  and  such  other 
employes  as  may  be  necessary  for  the  proper  conduct  and  maintenance  of 
said  schools  and  of  said  real  and  personal  propefty  of  said  district. 

Under  the  direction  and  control  of  said  council,  said  commissioner  shall 
prescribe  text  books  and  courses  of  study,  purchase  or  arrange  for  the  pur- 
chase of  text  books  and  provide  for  the  loan  thereof  to  needy  pupils  or  for 
the  sale  thereof  at  cost,  and  may  change  text  books  whenever  deemed  neces- 
sary for  the  best  interests  of  the  school,  subject  to  the  limitations  and  pro- 
visions of  this  charter. 

Shall  make  rules  and  fix  duties  and  salaries. — Sec.  387.  It  shall  be  the 
duty  of  said  commissioner  to  prepare  in  the  form  of  an  ordinance  rules  and 
regulations  for  the  proper  transaction  of  the  business  of  the  schools,  defining 
the  duties  of  its  officers  and  employes  and  fixing  the  number,  titles  and  com- 
pensation of  said  employes,  and  for  the  proper  execution  of  all  powers  vested 
in  and  duties  imposed  upon  said  commissioner  by  this  charter.  As  soon  as 
he  shall  have  prepared  said  ordinance  he  shall  present  it  to  the  council,  and 
said  council  shall  pass  said  ordinance  after  having  amended  it  as  it  may  see  fit. 

Inspectors  shall  turn  over  school  to  commissioner. — Sec.  388.  As  soon  as 
the  first  commissioner  of  education  provided  for  in  this  charter  is  selected  and 
qualified  the  board  of  school  inspectors  of  the  City  of  St.  Paul  shall  turn  over 
to  said  commissioner  all  the  property,  books,  records  and  documents  in  their 
hands,  and  thereupon  said  commissioner  shall  succeed  to  all  rights,  powers 
and  duties  of  said  board  of  school  inspectors  subject  to  the  provisions  of  this 
charter,  and  all  lawful  contracts  and  agreements  entered  into  and  all  obliga- 
tions legally  incurred  by  said  board  of  school  inspectors,  shall  be  in  all  re- 
spects the  contracts,  agreements  and  obligations  of  the  said  commissioner  of 
education  subject  to  the  provisions  of  this  charter.  The  terms  "special  school 
district"  or  "school  district"  whenever  used  in  this  charter  shall  be  constructed 
to'  be  identical  with  the  terms  "independent  school  district"  and  "school  dis- 
trict of  the  City  of  St.  Paul,"  whenever  said  terms  are  used  in  any  previous 
charter  of  law. 

Shall  appoint  a  superintendent. — Sec.  389.  Subject  to  the  approval  of  the 
council  said  commissioner  shall  appoint  a  superintendent  of  schools  who  shall 
be  a  graduate  in  good  standing  of  a  university  or  college  of  educational  stand- 
ard equal  to  the  University  of  Minnesota,  and  who  shall  have  devoted  the  five 
years  immediately  preceding  his  appointment  to  teaching  or  to  the  manage- 
ment of  public  schools.  He  shall  receive  a  salary  of  $5,000  a  year  payable  out 
of  the  school  funds  of  the  city  in  equal  monthly  installments.  His  term  of 
office  shall  be  two  years  and  until  his  successor  is  appointed  and  has  qualified. 

Appointment  of  assistants,  office  employes  and  teachers. — Sec.  390.  On 
nomination  by  said  superintendent,  said  commissioner  of  education  shall  ap- 
point all  assistants  to  said  superintendents,  all  office  assistants  to  said  super- 
intendents, all  principals  and  all  teachers  in  the  public  schools,  all  of  whom 
shall  be  subject  to  removal  by  said  commissioner  on  his  own  motion  or  on 
the  complaint  of  said  superintendent,  by  the  mayor  or  by  a  two-thirds  vote 
of  the  members  elected  to  the  council.  Provided  that,  however  removed,  the 
officer  making  the  removal  shall  state  specific  reasons  therefor  in  writing  and 
the  person  removed  shall  have  an  opportunity  to  reply  in  writing,  and  both 
reasons  and  reply  shall  become  permanent  public  records  of  the  office  of  the 
commissioner  of  education.  All  teachers  and  supervisors  and  assistants  to 
the  superintendent,  other  than  office  assistants  doing  clerical  work,  shall  meet 
the  qualifications  required  by  the  State  of  Minnesota  for  teachers  of  like 
grades  in  other  public  schools.  It  is  the  intent  of  this  charter  that  unless 
removed  for  cause  as  above  such  teachers  and  assistants  once  appointed  shall 
serve  during  efficiency  and  good  behavior.  The  council  may  provide  for  pro- 
bationary appointment  previous  to  regular  appointment,  during  which  time 
the  teacher  or  supervisor  or  assistant  shall  be  subject  to  removal  at  the  pleas- 
ure of  the  commissioner  of  education. 


88  CHARTER  OF  CITY  OF  ST.  PAUL. 

Superintendent  of  school  buildings. — Sec.  391.  Said  commissioner  of  edu- 
cation shall  appoint  a  superintendent  of  school  buildings  who  shall  have  a 
practical  knowledge  of  architecture,  building,  lighting,  heating,  ventilation, 
plumbing,  and  the  machinery  used  for  said  purposes.  He  shall  receive  an 
annual  salary  of  $2,500  payable  from  the  school  funds  of  said  city  in  equal 
monthly  installments. 

To  appoint  other  employes. — Sec.  .392.  Said  commissioner  of  education 
shall  appoint  all  janitors,  assistant  janitors,  engineers,  caretakers,  laborers, 
mechanics  and  artisans  of  all  description,  necessarily  employed  in  the  care  of 
school  buildings  and  grounds.  In  fixing  the  compensation  of  said  employes 
the  council  shall  see  that  it  is  not  in  excess  of  the  union  scale  of  wages  paid 
by  private  employers  for  like  services.  The  working  day  for  each  and  all  of 
said  employes  shall  be  eight  hours,  and  except  in  cases  of  emergency,  of  which 
said  commissioner  of  education  shall  be  sole  judge,  none  of  said  employes  shall 
be  required  to  work  overtime,  or  shall  receive  any  additional  cornpensation 
for  extra  work. 

Rules  for  teachers. — Sec.  393.  Said  commissioner  shall  cause  to  be  pre- 
pared a  complete  code  of  specific  rules  governing  the  appointment  of  all 
teachers  and  principals  in  the  schools,  their  examinations  and  other-  tests  of 
fitness,  their  promotions,  their  work  of  teaching  and  administration  of  the 
schools.  He  shall  submit  said  code  in  the  form  of  an  ordinance  to  the  council, 
and  said  council  shall  examine  and  if  necessary  revise  and  amend  said  code, 
and  when  in  suitable  form  shall  adopt  said  ordinance.  After  its  adoption  said 
code  shall  be  strictly  followed  in  all  business  of  said  school  to  which  it 
applies.  Said  ordinance  shall  be  amended  only  in  the  manner  in  which  it  was 
originally  adopted.  Provided  that  the  standard  of  education  and  practice  re- 
quired for  teachers  in  said  schools  shall  not  fall  below  the  standards  set  by 
the  state  department  of  education  for  similar  schools  elsewhere  in  Minnesota, 
nor  below  the  best  standards  of  other  cities  of  the  first  class  in  Minnesota. 

School  revenue;  limitation  of  cost  of  schools. — Sec.  394.  Subject  to  the 
provisions  of  this  charter  and  the  laws  of  the  state  the  council  shall  have 
power  to  levy  and  collect  general  property  taxes  or  other  revenues  and  to 
appropriate  money  for  the  support  of  said  schools,  provided  that  the  whole 
amount  appropriated  by  said  council  for  all  purposed  whatsoever  connected 
with  the  public  schools  shall  not  in  any  one  year  amount  to  a  greater  sum 
than  $6  for  each  inhabitant  of  the  City  of  St.  Paul.  In  determining  the  number 
of  said  inhabitant  the  figures  of  the  last  United  States  censois  of  population 
of  the  City  of  St.  Paul  shall  be  taken  as  a  .basis,  and  for  every  year  which 
has  elapsed  since  the  last  United  States  census  have  been  taken  to  the  year 
in  which  said  appropriations  are  made  by  said  council,  there  shall  be  added  to 
the  census  figures  one-tenth  of  the  difference  between  the  United  States  census 
figures  for  the  last  census  year  and  the  United  States  census  figures  taken  next 
previous  to  that  census.  Provided  further  that  the  qualified  voters  of  St.  Paul 
by  a  three-fifths  affirmative  majority  of  all  the  votes  cast  upon  the  proposition 
may  at  any  time  appropriate  any  amount  in  addition  to  said  limitation  to  be 
used  for  permanent  buildings  for  said  schools. 

Shall  keep  records. — Sec.  395.  It  shall  be  the  duty  of  the  commissioner 
of  education  to  keep  or  cause  to  be  kept  complete  records  of  all  attendance 
in  the  public  schools  with  the  names,  ages,  sex,  places  of  residence,  grade,  etc., 
of  all  pupils  attending  said  public  schools,  and  a  complete  record  of  all  teach- 
ers and  principals  in  said  school  with  all  essential  facts  as  to  qualifications, 
terms  of  service,  assignments,  efficiency,  salaries,  promotions,  and  such  other 
facts  as  the  council  may  prescribe,  and  to  report  within  thirty  days  of  the 
end  of  each  school  semester  a  summary  in  writing  of  all  these  facts  to  the 
comptroller  and  to  the  mayor.  He  shall  also  keep  or  cause  to  be  kept  a 
complete  and  comprehensive  record  of  all  business  transacted  in  connection 
with  the  public  schools  of  said  city,  and  the  moneys  received  and  disbursed 
in  connection  therewith,  and  all  other  essential  facts,  and  shall  report  within 
thirty  days  after  the  close  of  each  semester  a  summary  of  these  facts  for  the 
semester  just  closed,  to  the  comptroller  and  to  the  mayor.  Said  reports  shall 
be  made  in  such  form  as  the  comptroller  may  prescribe,  and   said  commis- 


CHARTER  OF  CITY  OF  ST.  PAUL.  89 

sioner  shall  attach  to  said  report  for  the  closing  semester  of  each  school  year 
estimates  in  such  form  as  the  comptroller  may  prescribe,  of  necessary  ex- 
penses for  the  next  succeeding  year  with  definite  recommendations  in  detail 
as  to  the  objects  for  which  the  money  shall  be  spent. 

To  secure  supplies  and  other  property. — Sec.  396.  Said  commissioner 
shall  procure  supplies  and  equipment  for  said  schools,  and  acquire  sites  for 
school  buildings,  and  cause  repairs  to  be  made  in  such  manner  as  this  charter 
may  provide,  or  the  council  under  .the  authority  of  this  charter  may  designate. 

For  care  of  truants. — Sec.  397.  The  council  shall  by  ordinance  on  recom- 
mendation of  said  commissioner,  make  such  rules  and  provisions  concerning 
children  previously  enrolled  upon  the  registers  of  the  public  schools  of  the 
City  of  St.  Paul  and  who  have  become  habitual  truants,  and  who  are  between 
the  ages  of  eight  and  sixteen  years  as  will  reasonably  tend  to  compel  their 
attendance  at  said  schools  and  said  council  may  require,  and  it  shall  be  the 
duty  of  all  the  police  officers  of  the  City  of  St.  Paul  to  aid  in  the  enforcement 
dnd  carrying  out  of  such  rules  and  regulations. 

Advisory  school  board. — Sec.  398.  Said  commissioner  of  education  shall 
appoint  a  resident  of  each  ward  of  the  City  of  St.  Paul,  more  than  21  years  of 
age,  an  advisory  school  inspector.  Said  inspectors  shall  have  the  power  at 
all  times  to  attend  any  and  all  sessions  of  the  public  schools  of  St.  Paul, 
to  observe  the  work  in  said  schools,  and  to  report  to  the  commissioner  of 
education  the  needs  of  the  public  schools  in  the  ward  for  which  said  resident 
inspector  may  be  appointed.  Said  advisory  inspectors  shall  be  appointed  in 
the  June  immediately  following  each  regular  spring  election,  and  shall  serve 
for  two  years  and  without  pay.  It  shall  be  the  duty  of  said  commissioner  to 
call  together  in  advisory  session  at  least  once  a  month  in  the  offices  of  said 
commissioner,  the  whole  body  of  school  inspectors  so  appointed  and  to  advise 
with  them  as  to  the  needs  of  the  schools  and  what  may  be  done  for  their 
improvement,  and  to  listen  to  any  complaints,  reports  or  recommendations 
which  they  may  have  to  make.  Said  meetings  shall  be  public.  Minutes  of  said 
meetings  shall  be  kept  by  a  clerk  assigned  by  said  commissioner  for  said 
purpose  and  shall  become  permanent  public  records  in  the  office  of  said  com- 
missioner. The  powers  of  said  inspectors  shall  be  advisory  merely  and  in 
visiting  the  schools  they  shall  not  interfere  with  the  work  of  teachers  or  pupils 
therein. 

Board  of  teachers. — Sec.  399.  It  shall  be  the  duty  of  the  council  to  pro- 
vide, by  ordinance  for  the  election  of  a  board  of  teachers  of  the  public  schools 
to  consist  of  not  more  than  twelve,  nor  less  than  eight  members,  elected  by 
secret  ballot  by  the  teachers  and  principals  of  the  public  schools.  This  board 
of  teachers  shall  be  called  together  by  the  superintendent  of  schools  from  time 
to  time,  not  less  than  once  a  month,  to  advise  with  said  superintendent  and 
said  commissioner  upon  problems  relating  to  the  designation  of  proper  text 
books,  the  adoption  of  course  of  study  and  the  methods  of  teaching  in  the 
schools  of  »St.  Paul.  Said  meetings  shall  be  public  and  records  thereof  kept 
as  public  records.  Said  board  of  teachers  shall  have  power  to  pass  resolutions 
and  make  recommendations  upon  subjects  designated  in  this  paragraph,  but 
it  is  hereby  declared  that  the  ado{)tion  of  such  recommendations  shall  lie  in 
the  discretion  of  the  superintendent  of  schools  and  the  commissioner  of  educa- 
tion subject  to  the  action  of  the  council. 

Public  libraries,  museums  and  galleries  of  art. — Sec.  400.  The  commis- 
sioner of  education  shall  have  the  management  and  control,  subject  to  the 
action  of  the  council,  of  all  public  libraries,  reading  rooms,  museums,  and 
galleries  of  art,  now  belonging  or  hereafter  acquired  by  the  City  of  St.  Paul, 
and  of  all  property  set  apart  for  the  use  or  maintenance  thereof,  and  the  con- 
trol and  expenditure,  subject  to  the  action  of  the  city  council,  the  provisions 
of  this  charter  and  the  laws  of  the  state  of  all  moneys  levied,  collected  or 
received  for  such  purposes. 

To  appoint  librarian. — Sec.  401.  Subject  to  the  approval  of  the  council, 
said  commissioner  of  education  shall  appoint  a  librarian  at  a  salary  not  to 
exceed  $2,500  a  year,  who  shall  be  a  graduate  of  a  university  of  educational 


90  CHARTER  OF  CITY  OF  ST.  PAUL. 

standards  equal  to  those  of  the  University  of  Minnesota  and  who  shall  when 
appointed  be  familiar  with  library  administration  and  practice.  Said  librarian 
shall  be  the  administrative  officer  of  the  commissioner  of  education  in  con- 
ducting public  libraries,  reading  rooms,  museums  and  galleries  oi  art,  under 
the  jurisdiction  of  said  commissioner.  Said  commissioner  shall  employ  all 
assistants  and  employes  necessary  for  the  administration  of  said  libraries, 
museums  and  galleries  of  art.  The  number,  general  duties  and  compensation 
of  said  employes  or  assistants  shall  be  fixed  by  ordinance  passed  by  the  council 
on  recommendation  of  said  commissioner.  Said  commissioner  shall  also  ap- 
point such  janitors,  caretakers  and  other  ernployes  as  may  be  necessary  for 
the  care  and  maintenance  of  the  buildings  in  which  said  libraries,  museums 
and  galleries  of  art  are  housed,  but  the  number  and  charter  of  said  employes 
and  their  salaries  shall  be  fixed  by  ordinance  passed  by  the  council  on  recom- 
mendation of  said  commissioner. 

Shall  adopt  rules. — Sec.  402.  Said  commissioner  shall  prepare  and  present 
to  the  council  in  the  form  of  an  ordinance  such  rules  and  regulations  as  may 
be  necessary  or  advisable  for  the  administration  of  said  libraries,  museums  and 
art  galleries,  and  the  properties  thereto  belonging.  The  council  shall  con- 
sider, and  may  amend  said  ordinance  and  after  putting  it  into  proper  form 
shall  pass  said  ordinance,  which  shall  not  be  inconsistent   with  this  charter. 

May  establish  branch  libraries. — Sec.  403.  On  recommendation  of  said 
commissioner,  the  council  may  by  ordinance  establish  and  maintain  branch 
libraries,  and  may  by  lease  purchase  or  otherwise  provide  proper  rooms  or 
buildings  for  said  branches. 

Control  of  expenditures. — Sec.  404.  Subject  to  the  action  of  the  council, 
said  commissioner  shall  have  exclusive  control  over  the  expenditure  of  all 
moneys  provided  for  the  use  of  said  libraries,  museums  or  galleries  of  art, 
except  as  otherwise  directed  in  this  charter.  He  shall  have  the  supervision, 
custody  and  care  of  all  grounds  and  buildings,  constructed,  set  apart,  leased  or 
in  any  other  manner  secured  for  the  use  of  said  libraries,  museums  and  galleries 
of  art. 

Library  fund. — Sec.  405.  All  moneys  appropriated,  received  or  collected 
for  the  construction,  repair  of  maintenance  of  public  libraries,  museums  or 
galleries  of  art  shall  be  deposited  in  the  treasury  of  said  city  in  a  fund  to  be 
known  as  the  "library  fund"  which  is  hereby  established,  and  shall  be  kept 
separate  and  apart  from  all  other  moneys  of  said  city,  and  shall  be  paid  out 
only  upon  proper  vouchers  approved  and  countersigned  by  said  commissioner 
of  education,  and  for  purposes  for  which  such  moneys  have  been  appropriated 
or  received.  All  unexpended  balances  in  said  library  fund  at  the  end  of  any 
year  shall  remain  in  said  fund  and  be  available  in  the  year  following  for  the 
purposes  for  which  said  fund  is  intended.  On  recommendation  of  said  com- 
missioner and  under  the  provisions  of  this  charter  the  council  shall  have  full 
power  to  authorize  the  purchase  in  the  name  of  the  City  of  St.  Paul  of  ground, 
and  to  cause  to  be  erected  thereon  a  suitable  building  or  buildings,  for  the  use 
of  said  library,  museum  and  galleries  of  art.  On  recornmendation  of  said  com- 
missioner said  council  shall  have  power  to  accept,  or  in  its  discretion,  decline 
donations  tendered  under  the  provisions  of  this  charter.  On  recommendation 
of  said  commissioner  said  council  shall  have  power  to  improve,  lease  or  let 
any  and  all  property  set  apart  for  the  use  of  said  library,  or  otherwise  ac- 
quired for  the  purposes  herein  referred  to,  upon  such  terms  and  conditions  as 
it  may  deem  best,  and  may  authorize  said  commissioner  to  deliver  leases 
therefor.  It  may  receive  and  support  subscriptions  for  the  benefit  of  said 
library  fund. 

May  finance  buildmg.— Sec.  406.  For  the  purpose  of  providing  suitable 
library  building,  said  council  shall  have  power  to  authorize  a  bond  for_  any 
sum  not  exceeding  one  million  dollars,  provided  that  before  any  such  jssue 
shall  be  valid  it  must  be  approved  by  an  affirmative  vote  of  the  qualified 
electors  of  St.  Paul  voting  upon  such  proposition  at  a  general  or  a  special 
election.  Said  bonds  may  be  issued  upon  the  credit  of  the  City  of  St.  Paul  or 
they  may  be  secured  by  property  belonging  to  said  city  set  apart  for  library 
purposes,  and  said  council  and  said  voters  may  authorize  the  pledging  of  said 


CHARTER  OF  CITY  OF  ST.  PAUL.  91 

property  for  said  purpose.     The  bonds  shall  be  limited  to  twenty  years,  shall 
bear  interest  at  not  more  than  four  per  cent  and  shall  not  be  sold  below  par. 

Shall  be  forever  free. — Sec.  407.  Every  library,  reading  room,  museum 
and  gallery  of  art  established  or  maintained  under  this  charter  shall  be  forever 
free  to  the  use  of  the  inhabitants  of  said  city  subject  to  such  reasonable  rules 
and  regulations  as  may  be  prescribed  under  the  authority  granted  in  this  char- 
ter or  by  law,  and  said  commissioner  of  education  may  exclude  from  the  use 
of  any  such  places  any  and  all  persons  who  shall  violate  such  rules  and  regula- 
tions. Non-residents  may  be  admitted  to  the  privileges  of  said  libraries  upon 
such  conditions  as  said  commissioner  may  prescribe,  subject  to  approval  by 
the  council.  * 

Shall  report  to  council. — Sec.  408.  Said  commissioner  shall  submit  an- 
nually to  the  council  and  to  the  comptroller  duplicate  reports  of  the  business 
of  said  libraries,  museum,  reading  room  and  galleries  of  art,  as  such  times 
and  in  such  form  and  scope  as  the  council  may  direct. 

Punishment  for  defacing  property. — Sec.  409.  The  council  shall  have 
power  to  pass  ordinance  imposing  suitable  penalties  for  the  punishment  of 
persons  committing  injury  upon  such  library  and  other  property  under  the 
management  of  said  commissioner,  and  for  injury  of  failure  to  return  any  book 
belonging  to  said  library,  or  in  any  manner  connected  with  the  use  herein 
provided  for. 

Council  to  fix  conditions. — Sec.  410.  The  council  by  two-thirds  vote  shall 
define  conditions  upon  which  the  city  may  accept  donations  of  money  or  other 
property  for  the  use  of  said  library,  museum,  or  galleries  of  art,  provided  that 
such  regulations  shall  be  subject  to  repeal  or  amendment  in  the  same  manner 
and  provided  that  all  money  or  property  so  donated  shall  remain  at  all  times 
in  the  control  for  the  use  of  and  under  the  direction  of  the  public  through  its 
proper  officers  as  designated  in  this  charter. 

Advisory  board. — Sec.  411.  It  shall  be  the  duty  of  said  commissioner  of 
education  to  appoint  twelve  residents  of  St.  Paul  properly  qualified  for  the 
place,  one  from  each  ward  of  the  city,  to  serve  a  term  of  two  years  from 
August  1  of  each  year  in  which  shall  be  elected  a  mayor  and  council,  and  such 
persons  so  appointed  in  association  with  the  superintendent  of  the  St.  Paul 
schools,  the  principals  of  the  high  schools  in  the  city,  and  a  teacher  elected 
by  the  whole  body  of  teachers  in  the  St.  Paul  schools  in  such  a  manner  as  the 
council  may  direct,  shall  act  as  an  advisory  library  board.  The  members  of 
said  board  shall  meet  at  said  library  with  said  commissioner  of  education  at 
least  once  a  month  and  make  such  recommendations  as  they  may  consider  will 
promote  the  best  interests  of  said  library.  Said  library,  its  branches,  the  art 
galleries,  museums,  etc.,  belonging  to  the  city  shall  be  open  at  all  times  to 
the  members  of  said  advisor3''  board  for  their  inspection  in  such  manner  as 
not  to  interfere  with  the  legitimate  work  being  carried  on  in  these  places. 
The  members  of  said  board  shall  especially  be  expected  to  recommend  new 
books,  papers  and  periodicals  for  said  library,  and  how  to  make  the  resources 
of  said  library  most  profitably  available  to  the  public.  Said  recommendations 
when  made  by  the  board  as  a  whole  shall  be  in  writing  and  be  a  permanent 
public  record  in  the  office  of  the  commissioner  of  education.  Whether  said 
recommendations  are  acted  upon  or  accepted  shall  remain  in  the  discretion  of 
said  commissioner  of  education. 

May  levy  taxes  for  support. — Sec.  412.  The  council  is  hereby  authorized 
to  levy  and  collect  taxes  and  appropriate  funds  necessary  for  the  proper 
maintenance  and  support  of  said  library,  or  libraries,  museums,  and  art  gal- 
leries.   ' 

The  auditorium;  commissioner  of  education  in  charge. — Sec.  413.  Under 
the  direction  of  the  council  the  commissioner  of  education  shall  have  control, 
management,  and  administration  of  the  public  auditorium  and  all  property  ap- 
pertaining thereto.  With  the  approval  of  said  council  he  shall  appoint  a  super- 
intendent to  administer  said  building  and  property  under  the  direction  of  said 
commissioner.     Said  commissioner  shall  prepare  an  ordinance  fixing  the  duties 


92  CHARTER  OF  CITY  OF  ST.  PAUL. 

and  compensation  of  said  superintendent  and  of  other  necessary  employes  for 
this  administration  of  said  building  and  property,  and  shall  present  it  to  the 
council.  Said  council  after  such  amendments  as  it  may  see  fit  shall  pass 
ordinance.  In  the  same  way  an  ordinance  shall  be  passed  providing  rules  and 
regulations  for  the  use  of  said  building. 

Auditorium  fund. — Sec.  414.  There  is  hereby  created  an  auditorium  fund 
to  which  shall  be  credited  all  moneys  heretofore  or  hereafter  appropriated, 
donated  or  delivered  from  the  operation  of  said  auditorium,  for  the  use  of  said 
auditorium,  and  to  which  shall  be  charged  all  disbursements  on  account  of  said 
building,  and  the  administration  and  maintenance  thereof  and  the  property 
appertaining  thereto.  Said  commissioner  shall  keep  account  of  said  fund  in 
such  manner  as  the  comptroller  may  direct.  Said  fund  shall  be  kept  separate 
and  distinct  from  all  other  funds  of  said  city.  All  surplus  in  said  fund  at  the 
end  of  any  year  after  the  expenses  of  operation,  maintenance,  repair  and 
betterment  for  the  year  have  been  paid,  shall  be  applied  to  the  payment  of  the 
principal  and  interest  of  any  indebtedness  outstanding  against  said  auditorium 
building. 

To  be  self-supporting. — Sec.  415.  It  shall  be  the  duty  of  the  commissioner 
of  education  and  of  tlie  council  so. to  manage  said  auditorium  building  as  to 
make  it  self-supporting  or  as  nearly  so  as  practicable.  Keep  this  end  in 
view  said  council  shall  by  ordinance  on  recommendation  of  said  commissioner 
fix  scales  of  prices  for  the  use  of  said  auditorium  and  determine  to  what  uses 
it  shall  be  devoted,  provided  that  such  uses  shall  always  be  for  the  benefit  of 
the  public  of  St.  Paul.  It  is  the  intention  of  this  charter  that  distinction  shall 
be  made  in  determining  scales  of  prices  between  persons  who  hire  the  use 
of  the  auditorium  for  gain  and  those  who  engage  it  for  gatherings  or  enter- 
tainments for  which  no  admittance  fee  is  charged.  In  no  case  shall  the  amount 
charged  for  the  use  of  said  building  be  less  than  the  actual  cost  of  heating, 
lighting  and  attendance  occasioned  by  such  use.  The  council  may,  however, 
where  the  use  is  strictly  for  the  public  purpose  of  benefit  to  all  the  people  of 
St.  Paul,  and  where  no  admittance  fee  is  charged,  reimburse  from  the  con- 
tingent fund,  the  Auditorium  fund  for  such  expenses,  and  provide  at  the  time 
of  making  such  appropriation  for  reimbursement,  that  the  use  of  said  building 
shall  be  free. 

May  receive  subscriptions. — Sec.  416.  The  council  is  hereby  authorized 
to  receive  bequests  and  donations  and  to  receive  and  enforce  subscriptions  for 
property  to  be  installed  in  or  used  in  connection  with  the  Auditorium  build- 
ing, or  for  the  establishment  or  endowment  of  free  lectures,  free  concerts,  or 
for  any  other  purpose  of  an  educational  nature  free  from  sectarianism  or 
political  partisanship.  It  may  act  as  special  trustee  for  and  on  behalf  of  the 
City  of  St.  Paul,  may  accept  and  administer  any  public  trust  consistent  with 
the  purposes  of  the  Auditorium  and  not  involving  relinquishment  of  full  control 
of  said  property  whether  in  said  trust  or  theretofore  belonging  to  said  city, 
and  may  maintain  separate  funds  theretofore  in  the  city  treasury,  subject  to 
the  supervision  and  audit  of  the  comptroller. 

Must  report  annually. — Sec.  417.  Said  commissioner  must  each  year  be- 
fore March  1  report  to  the  council  and  to  the  comptroller,  fully  upon  the 
business  and  administration  of  said  auditorium  for  the  next  previous  year 
ending  December  31.  Said  report  shall  be  made  in  such  form  as  the  comp- 
troller with  the  approval  of  the  council  may  direct,  and  must  contain  such 
matter  as  said   comptroller  shall  call  for. 


CHAPTER  XX. 

Commissioner  of  Parks,  Playgrounds  and  Public  Buildings. 

Duties  of  the  commissioner. — Sec.  418.  The  commissioner  of  parks,  play- 
grounds and  public  buildings  shall  have  the  management  and  control  under 
the  limitations  of  this  charter  of  all  lands  which  have  been  or  may  be  acquired 


CHARTER  OF  CITY  OF  ST.  PAUL.  93 

for  parks,  parkways  or  playgrounds  other  than  school  playgrounds,  within 
this  city.  He  shall  direct  all  expenditures  from  the  park  and  playgrounds 
funds  for  the  maintenance  and  improvement  of  parks  and  parkways  and  shall 
have  power  to  provide,  either  directly  or  by  lease  of  privileges  approved  by 
the  council,  such  conveniences,  accommodations  and  entertainments  as  he  may 
deem  proper  for  the  use,  enjoyment  or  recreation  of  all  persons  visiting  said 
parks  ^or  parkways  or  playgrounds. 

May  acquire  lands. — Sec.  419.  Said  commissioner  through  the  council  may 
from  time  to  time  acquire  lands  in  the  manner  set  forth  in  this  charter  for  the 
city  for  the  use  as  parks,  parkways  or  playgrounds.  Said  commissioner,  with 
the  approval  of  the  council  may  accept  or  receive  donations  of  money  or  other 
property  for  the  use  of  said  city  for  purposes  connected  with  such  parks, 
parkways  or  playgrounds,  on  conditions  determined  by  said  council,  provided 
that  in  the  acceptance  of  such  gifts  said  city  shall  not  relinquish  full  control 
for  any  purpose  whatsoever  of  said  property. 

May  set  apart  streets. — Sec.  420.  The  council  shall  have  power  to  set 
apart  as  a  parkway  any  street  or  avenue  or  thoroughfare  and  any  section 
thereof  and  to  place  the  same  under  the  supervision  of  said  commissioner  for 
purposes  consistent  with  the  use  of  said  street,  avenue  or  thoroughfare  as  a 
highway,  such  as  said  council  may  direct. 

Expenditures  from  the  park  fund. — Sec.  421.  All  expenditures  under  the 
direction  of  said  commissioner  payment  of  which  is  not  herein  otherwise  pro- 
vided for  shall  be  paid  from  the  park  fund  not  otherwise  appropriated,  and 
all  moneys  received  by  said  commissioner  from  any  source,  where  not  herein 
otherwise  directed,  shall  be  paid  into  the  city  treasury  to  the  credit  of  said 
fund.  Assessments  collected  for  park  or  parkway  purposes  shall  be  set  apart 
and  used  only  for  the  specific  purpose  for  which  they  have  been  collected. 
All  assessments  on  property  owned  by  the  City  of  St.  Paul  shall  be  paid 
out  of  the  general  fund  of  the  City  of  St.  Paul.  Moneys  of  the  park  fund 
when  set  apart  for  the  purposes  of  paying  damages  awarded,  shall  be  and 
remain  in  the  city  treasury  until  the  assessments  for  the  same  purpose  are 
collected  by  sale  or  otherwise,  and  shall  then  be  applied  with  said  assessments 
in  payment  of  said  damages,  unless  in  this  charter  otherwise  provided. 

To  regulate  shores. — Sec.  422.  Whenever  the  title  shall  have  been  acquired 
by  said  city  for  park  purposes  to  land  constituting  the  shores  of  any  stream, 
lake  or  pond,  said  commissioner  may  with  the  approval  of  the  council,  regulate 
and  control  the  use  of  such  shore  and  the  water  contiguous  thereto,  and  in 
case  such  ownership  shall  embrace  the  entire  shore  of  any  such  lake  or  pond, 
said  commissioner,  subject  to  the  council,  is  vested  with  exclusive  charge  and 
control  of  the  waters  of  such  lake  or  pond  and  may  in  all  things,  under  said 
direction,  govern  the  use  of  the  said  waters.  It  shall  be  the  duty  of  said  com- 
missioner to  prepare  such  rules  as  may  be  necessary  for  the  regulation  and 
control  of  such  shores,  and  the  council  shall  give  such  rules  effectiveness  by 
ordinance  after  making  such  amendments  as  the  council  may  see  fit. 

May  not  alienate  lands. — Sec.  423.  Lands  which  may  have  been  hereto- 
fore acquired  or  which  hereafter  may  be  acquired  for  park  purposes,  shall  not 
be  alienated  or  diverted  to  other  uses  and  shall  remain  forever  parks  and  park- 
ways for  the  use  of  all  the  inhabitants  of  said  city. 

Commissioner  shall  prepare  rules. — Sec.  424.  Said  commissioner  shall  pre- 
pare suitable  rules  to  secure  the  quiet,  orderly  and  proper  use  and  enjoyment 
of  parks,  parkways  and  playgrounds  by  the  people,  and  the  council  shall,  after 
amendment  if  thought  desirable,  pass  ordinances  embodying  these  rules  and 
providing  for  their  enforcement.  It  shall  fix  proper  penalties  for  their  viola- 
tion. Said  ordinances  shall  be  enforced  by  the  proper  city  authorities,  and 
fines  collected  for  their  violation  shall  be  paid  into  the  city  treasury  for  the 
benefit  of  the  park  fund. 

To  appoint  superintendent. — Sec.  425.  Said  commissioner  shall  with  the 
approval  of  the  council  appoint  a  suitable  superintendent  of  city  parks  who 
shall  be  a  skilled  landscape  architect  or  engineer,   at  a  salary  not  to  exceed 


94  CHARTER  OF  CITY  OF  ST.  PAUL. 

$4,000  a  year,  payable  in  equal  monthly  installments.  Said  superintendent 
shall  perform  such  duties  as  may  be  prescribed  by  said  commissioner.  Said 
commissioner  may  also  appoint  a  secretary  at  a  salary  not  to  exceed  $2,000  a 
year,  who  shall  also  be  accounting  officer  of  said  department  and  shall  per- 
form such  other  duties  as  said  commissioner  may  prescribe.  Said  commis- 
sioner may  cause  to  be  kept  in  such  form  as  may  be  directed  by  the  comp- 
troller with  the  approval  of  the  council,  a  full  and  complete  public  record  of 
all  the  business  of  said  department,  and  a  complete  account  of  its  funds.  He 
shall  make  a  complete  report  of  said  business  in  detail  in  such  form  as  said 
comptroller  may  direct,  to  said  comptroller  and  to  the  council  through  the 
mayor  not  later  than  March  1  of  each  year  of  the  business  of  the  next  preced- 
ing year. 

May  appoint  police  officers  and  other  park  employes. — Sec.  426.  Upon  the 
recommendations  of  said  commissioner  the  council  shall  provide  for  the  ap- 
pointment by  said  commissioner  of  such  park  police  officers  as  may  be  neces- 
sary to  preserve  public  order  and  care  for  public  property  in  city  parks  and 
playgrounds,  and  also  such  other  employes  as  may  be  needed,  and  said  council 
shall  fix  the  number  and  compensation  thereof,  provided  that  no  employe  of 
this  department  shall  receive  greater  compensation  for  the  same  or  similar 
work  than  is  paid  in  other  city  departments.  All  salaries  and  wages,  unless 
otherwise  herein  directed,  shall  be  paid  out  of  said  park  or  playground  funds. 
All  policemen  appointed  as  provided  for  in  this  section  shall  possess  all  the 
common  law  and  statutory  power  of  constables,  and  any  warrants  for  search 
or  arrest  issued  by  any  magistrate  or  court  of  record  in  Ramsey  county,  may 
be  executed  by  such  policemen  in  any  part  of  said  county. 

Laying  of  sewer,  etc. — Sec.  427.  The  council  shall  have  the  same  jurisdic- 
tion and  power  with  respect  to  the  laying  of  water  mains  and  sewers  along 
the  parkways  and  parks  and  playgrounds  in  said  city  as  it  has  in  respect  to 
laying  the  same  in  and  along  the  public  streets  and  the  same  proceedings  for 
levying  and  collecting  special  assessments  for  sewers  along  such  streets  shall 
apply  to  the  levying  and  collecting  of  the  same  for  sewers  laid  along  the 
parks,  parkways  or  playgrounds. 

Acquire  without  the  city  limits. — Sec.  428.  Said  city  may  acquire  by  gift 
without  the  corporate  city  limits,  for  park,  playground  or  parkway  purposes 
any  land  or  lands,  and  shall  possess  the  same  powers  and  jurisdiction  over  said 
parks,  parkways  or  playgrounds  as  if  they  were  located  within  the  city  limits. 

Care  of  grass  plots. — Sec.  429.  Under  conditions  which  may  be  fixed  by 
the  council  by  ordinance,  said  commissioner  may,  on  petition  of  property  own- 
ers assume  charge  of  grass  plots  maintained  along  any  street,"  and  the  cost 
of  caring  for  said  plots  may  be  assessed  upon  the  abutting  property.  Said 
council  may  certify  such  assessment  to  the  auditor  of  Ramsey  county  in  such 
manner  as  the  council  may  designate,  and  on  such  certification  said  auditor 
shall  collect  such  assessments  in  the  same  manner  that  state  and  county  taxes 
are  collected  in  said  county  and  state,  and  when  colected  the  amount  thereof 
shall  be  paid  monthly  by  the  treasurer  of  Ramsey  county  into  the  St.  Paul 
city  treasury  and  shall  be  set  aside  to  be  used  for  the  purpose  for  which  it 
was  intended.  Any  error  or  irregularity  in  making  said  assessment  shall  be 
overlooked  unless  it  works  substantial  injury  to  the  city  or  to  some  person 
assessed,  and  it  may  be  corrected  by  reassessment  by  the  council. 

Care  of  trees. — Sec.  430.  Upon  petition  of  property  owners  asking  that 
it  be  done,  the  council  may  direct  said  commissioner  to  cause  trees  to  be 
planted  along  or  upon  any  street  or  alley  upon  which  the  property  of  said 
petitioners  abuts,  and  the  cost  of  the  same  may  be  asses&ed,  collected  and 
applied  in  all  respects  as  in  the  case  of  the  care  of  grass  plots  as  provided  in 
the  last  preceding  section.  Said  council  may  authorize  said  commissioner  to 
appoint  a  city  forester,  and  may  by  proper  ordinance  provide  that  said  forester 
shall  have,  under  the  direction  of.  said  commissioner,  charge,  direction  and 
control  over  all  trees  bordering  public  highways,  their  planting,  care,  removal, 
trimming  and   treatment  when   diseased.      Said   council   may   provide   for   the 


CHARTER  OF  CITY  OF  ST.  PAUL.  95 

assessing  of  the  cost  of  such  supervision  to  the  abutting  property  as  in  the 
case  of  the  care  of  grass  plots  as  provided  in  the  last  preceding  section. 

Commissioner  ex-officio  building  inspector.— Sec.  431.     Said  commissioner 

shall  be  ex-officio  building  inspector  of  the  City  of  St.  Paul.  With  the  ap- 
proval of  the  council  he  shall  appoint  a  competent  architect  of  not  less  than 
five  years'  practical  experience  in  his  profession  next  preceding  his  appoint- 
ment, to  work  under  the  direction  of  said  commissioner.  Said  architect  shall 
receive  a  salary  not  exceeding  $4,000  a  year. 

Duties  of  said  commissioner. — Sec.  432.  It  shall  be  the  duty  of  said  com- 
missioner to  enforce  all  laws  of  the  state  and  all  ordinances  of  the  City  of 
St.  Paul  applying  to  buildings  within  said  city,  whether  relating  to  their  plan- 
ning, construction,  maintenance,  repair,  fire  protection,  or  any  other  matter. 
For  the  purposes  of  enforcing  said  laws  or  ordinances  he  shall  have  power  to 
employ  such  inspectors  and  other  assistance  and  employes  as  may  be  neces- 
sary, provided,  the  council  shall  hy  ordinance  on  recommendation  of  said  com- 
missioner, fix  the  number,  title,  salaries,  qualifications  and  terms  of  service 
of  said  employes,  not  inconsistent  with  the  provisions  of  this  charter. 

Council  has  power  over  regulations. — Sec.  433.  By  ordinance  not  in  con- 
sistent with  the  laws  of  the  state  or  the  terms  of  this  charter  the  council  may 
adopt,  repeal  or  amend  any  and  all  regulations,  rules,  resolutions  or  ordinances, 
relating  to  buildings  within  the  City  of  St.  Paul.  In  the  preparation  of  said 
ordinances  and  their  repeal  and  amendment,  said  architect  shall  be  adviser  of 
said  council. 

Duties  of  architect. — Sec.  434,  Besides  performing  such  duties  as  the  coun- 
cil or  the  commissioner  of  parks,  playgrounds  and  public  buildings  may  pre- 
scribe, said  architect,  shall  prepare  plans,  specifications  and  estimates,  under 
the  direction  of  said  commissioner,  for  all  public  buildings  of  any  and  every 
character  whatever  by  the  City  of  St.  Paul  or  by  any  department,  bureau  or 
officer  thereof.  Through  said  commissioner  said  architect  shall  submit  said 
plans  to  the  officer  or  department  responsible  for  the  expenditure  of  the  funds 
with  which  said  building  is  to  be  erected.  If  said  plans  meet  the  approval  of 
said  officer,  he  shall  submit  them  to  the  council,  and  after  their  approval  by 
resolution  of  the  council,  they  shall  be  the  official  plans  for  the  building  in 
question.  If  they  do  not  meet  with  the  approval  of  the  officer  responsible  for 
the  expenditure  of  said  funds,  he  shall  point  out  in  detail  to  said  commissioner 
of  parks,  playgrounds  and  public  buildings  and  to  said  architect,  his  objections 
to  said  plans,  and  said  commissioner  shall  cause  said  architect  to  meet  such 
objections.  If  in  the  opinion  of  the  commissioner  of  parks,  playgrounds  and 
public  buildings,  such  objections  are  well  taken  he  shall  require  said  architect 
so  to  modify  said  plans  as  to  remove  said  objections.  If  on  the  other  hand 
said  architect  and  said  commissioner  of  parks,  playgrounds  and  public  build- 
ings consider  said  plans  proper,  he  shall  have  said  architect  report  upon  said 
plans  in  detail  and  said  commissioners  shall  lay  said  plans  with  the  objections 
to  them  and  the  report  of  the  architect  before  the  council  which  shall  approve 
said  plains  or  shall  order  said  commissioner  to  have  new  plans  prepared.  Plans 
shall  in  this  manner  be  prepared  and  submitted  to  said  council  until  they  prove 
satisfactory  to  the  council  and  are  approved  by  it. 

Architect  as  superintendent. — Sec.  435.  After  the  contract  for  the  erection 
of  any  building  shall  be  made,  as  provided  in  this  charter,  said  commissioner 
shall  cause  said  architect  to  superintend  the  construction  of  said  building. 
In  this  work  said  commissioner  shall  employ  to  assist  said  architect  such 
inspectors  as  may  be  necessary.  Provided  that  the  council  shall  fix  the  num- 
ber of  said  inspectors  and  their  compensations. 

Permits  for  buildings. — Sec.  436.  All  persons  who  shall  wish  to  construct, 
alter  or  repair  any  building  within  the  City  of  St.  Paul  shall  before  beginning 
work  thereon,  submit  plans  for  the  same  to  said  commissioner  and  shall  re- 
ceive from  said  commissioner  a  permit  for  said  construction,  alteration  or 
repair.  Immediately  upon  the  submitting  of  said  plans,  said  commissioner  shall 
cause  them  to  be  examined  and  approved  or  rejected.  If  approved,  said 
commissioner  shall  cause  a  permit  to  be  issued  for  said  work,  on  such  terms 


96  -  CHARTER  OF  CITY  OF  ST.  PAUL. 

as  the  council  may  by  ordinance  prescribe.  If  rejected  the  objections  thereto 
shall  be  pointed  out  in  detail  to  the  person  or  persons  who  have  submitted 
said  plans  and  no  permit  shall  be  granted  until  said  plans  shall  be  so  changed 
as  to  remove  said  objections. 

To  inspect  buildings.— Sec.  437.  Under  such  conditions  as  the  council 
may  prescribe,  said  commissioner  shall  cause  to  be  inspected  all  buildings  con- 
structed within  the  City  of  St.  Paul  and  see  that  they  conform  to  the  laws 
ofthe  State  and  the  ordinances  of  the  City  of  St.  Paul.  For  the  purposes  of 
this  chapter  the  term  buildings  shall  include  every  structure  of  any  character 
erected  by  private  persons  within  the  City  of  St.  Paul.  In  relation  to  public 
structures,  the  term  building  shall  have  its  usual  significance.  The  council 
shall  have  power  to  pass  ordinances  regulating  building  not  inconsistent  with 
this  charter  and  shall  have  power  to  fix  penalties  for  their  enforcement,  and 
in  general  for  the  enforcement  of  all  ordinances  relating  to  buildings  within 
the  city,  their  planning,  construction,  maintenance,  fire  protection  and  all 
other  matters  relating  thereto. 

To  control  playgrounds. — Sec.  438.  Subject  to  the  council,  said  commis- 
sioner shall  have  full  charge  of  and  responsibility  for  all  playgrounds  belong- 
ing to  the  City  of  St.  Paul,  except  playgrounds  attached  to  public  schools, 
and  it  shall  be  his  duty  to  se-e  that  they  are  used  to  the  best  advantage  for 
the  purposes  for  which  they  are  intended.  On  recommendation  of  said  com- 
missioner the  council  shall  by  ordinance  make  proper  rules  for  the  use  and 
enjoyment  of  said  playgrounds  and  shall  provide  for  their  enforcement.  The 
council  shall  have  full  authority  to  provide  penalties  for  the  violation  of  said 
ordinances. 

To  select  an  advisory  board. — Sec.  439.  Subject  to  the  approval  of  the 
council  said  commissioner  shall  select  an  advisory  board  composed  of  five 
residents  of  said  city,  one  of  whom  shall  be  a  woman  to  act  without  pay  as 
adviser  of  said  commissioner  as  to  the  development  and  use  of  said  parks 
and  playgrounds.  Said  commissioner  shall  meet  with  said  board  not  less 
than  once  each  month  to  receive  suggestions  of  its  members  as  to  the  admin- 
istration of  said  parks  and  playgrounds  and  discuss  any  business  relating  to 
them,  but  he  shall  use  his  own  discretion  in  carrying  out  such  suggestions  and 
shall  be  solely  responsible  for  said  administration.  Said  advisory  board  shall 
hold  office  for  two  years  and  until  their  successors  are  appointed  and  qualified. 
Each  commissioner  shall  oppoint  such  a  board  within  sixty  days  of  his  assum- 
ing his  duties  as  commissioner.  Members  of  said  board  shall  have  the  right 
to  the  floor  in  the  council  to  be  heard  on  park  and  playground  business. 


CHAPTER  XXI. 

Commissioner  of  public  utilities. — Sec.  440.  The  commissioner  of  public 
utilities  shall  be  ex-officio  a  member  of  the  water  board  of  the  City  of  St. 
Paul  and  shall  be  in  general  charge  of  the  administration  of  the  water  depart- 
ment of  said  city  under  the  direction  of  said  board,  except  as  otherwise  pro- 
vided for  in  this  charter. 

City  lighting. — Sec.  441.  Said  commissioner  shall  have  full  charge  and 
control  under  the  direction  of  the  council,  of  the  lighting  of  all  streets,  alleys, 
parks,  levees,  squares,  playgrounds,  public  buildings  and  all  other  public  places 
in  said  city  or  belonging  to  the  City  of  St.  Paul  except  as  otherwise  provided 
for  in  this  charter. 

Equipment. — Sec.  442.  The  council  shall  have  power  at  any  time  and  it 
shall  be  the  duty  of  said  council  to  furnish  proper  street  lamps,  posts,  wires, 
and  all  other  equipment  necessary  or  desirable  for  the  proper  lighting  men- 
tioned in  the  last  preceding  section. 

Commission  to  bid  on  lighting.— Sec.  443.  When  any  lighting  in  this 
chapter  provided  for  is  about  to  be  let  by  contract,  said  commissioner  shall 


CHARTER  OF  CITY  OF  ST.  PAUL.  97 

bid  upon  said  lighting  in  accordance  with  the  specifications  therefor,  and  if 
said  commissioner  be  the  lowest  bidder,  said  commissioner  shall  be  designated 
to  perform  said  lighting  under  said  contract.  The  amount  of  said  bid  shall 
be  set  apart  by  the  council  for  said  lighting  contemplated  in  said  contract 
and  said  commissioner  shall  be  as  strictly  confined  to  the  expenditure  of  said 
amount  as  would  any  contractor  who  had  secured  said  contract,  in  the  carrying 
out  of  said  contract. 

Commission  to  control  public  utilities. — Sec.  444.  Subject  to  the  council,^ 
said  commissioner  shall  have  full  control  of  the  regulation  within  said  city 
of  all  telephone,  telegraph,  lighting,  heating,  power,  street  railway  and  other 
municipal  transportation  and  all  other  public  utilities  services  whatsoever 
which  are  subject  to  the  control  of  said  city  government.  He  shall  exercise 
such  powers  in  accordance  with  ordinances  passed  by  the  council  upon  his 
recommendation.  All  licenses,  permits,  and  all  other  privileges  granted  by 
said  city  to  public  utility  owners  or  operators,  their  lessees  or  representatives 
shall  be  first  approved  by  said  commissioner.  Said  commissioner  shall  have 
access  at  all  reasonable  times  to  the  books,  papers,  machinery  and  equipment 
of  all  public  utility  owners,  operators,  lessees  and  their  representatives  doing 
business  within  the  City  of  St.  Paul  and  over  which  said  city  has  any  control 
or  regulative  power,  for  the  purpose  of  making  any  inspection  or  ascertaining 
any  facts  in  relation  to  said  utilities  or  their  operation,  cost,  prices,  capitaliza- 
tion, profits,  or  any  other  fact  relating  to  their  business  within  the  City  of 
^t.   Paul. 

Commissioner  to  make  report. — Sec.  445.  Not  later  than  March  1st  of 
each  year  said  commissioner  shall  make  to  the  mayor  and  council  a  complete 
report  upon  the  business  of  said  utilities  for  the  last  preceding  year  ending- 
the  next  previous  December  31. 

Commissioner  in  charge  of  city  services. — Sec.  446.  Said  commissioner 
shall  have  full  administrative  control  under  the  direction  of  the  council,  and 
shall  be  responsible  for  the  operation  of  any  public  utility  which  the  City  of 
St.  Paul  may  now  own  or  may  hereafter  acquire,  except  as  otherwise  pro- 
vided in  this  charter. 

In  accordance  with  the  terms  of  this  charter  said  commissioner  shall  ap- 
point such  assistants  and  employes  as  may  be  necessary  to  carry  out  the 
duties  placed  upon  him  by  this  charter  or  the  ordinances  of  said  city  in  har- 
mony herewith.  Said  council  shall  fix  by  ordinance  the  numbers,  titles  and 
compensation  of  said  employes.  Said  commissioner  and  his  employes  shall 
be  advisers  of  the  council  upon  all  technical  questions  relating  to  said  public 
utilities. 

City  testing  laboratories. — Sec.  447.  The  council  shall  provide  for  the 
establishing  of  municipal  testing  laboratories  under  the  direction  and  manage- 
ment of  the  commissioner  of  public  utilities.  Said  commissioner  shall  pre- 
pare an  ordinance  for  the  establishing  of  said  laboratories,  fixing  the  numbers, 
titles  and  salaries  of  the  necessary  employes  thereof,  and  defining  their  duties 
and  powers.  Said  council  shall  consider  said  ordinance  and  aft?r  amending 
it  as  said  council  may  deem  proper,  shall  pass  said  ordinance.  Said  ordinance 
shall  provide  for  a  skilled  chemist^ and  such  other  skilled  technical  officers 
and  employes  as  may  be  necessary  to  carry  out  the  intent  of  this  section. 
If  thought  necessary  said  council  may,  upon  the  recommendation  of  said  com- 
missioner, provide  in  connection  with  said  laboratories  for  a  force  of  inspectors 
to  look  after  and  inspect  all  work  performed  or  supplies  or  material  purchased 
by  or  under  the  direction  of  this  or  the  other  department  for  which  inspectors 
are  not  otherwise  provided  in  this  charter.  Provided  that  the  cost  of  inspec- 
tion shall  not  in  any  case  exceed  one  per  centum  of  the  construction  cost  of 
the  work  or  service  inspected,  or  one-half  of  one  per  cent  of  the  cost  of  sup- 
plies or  materials  purchased.  Until  said  laboratories  are  established  the  city 
chemist,  gas  inspector  and  city  scales  of  weights  and  measures  shall  perform 
said  services.  Whenever  said  council  shall  establish  said  testing  laboratories, 
it  shall  at  the  same  time  abolish  the  offices  the  work  of  which  said  labora- 
tories take  over. 


S8  CHARTER  OF  CITY  OF  ST.  PAUL. 

City  markets.— Sec.  448.  Such  public  markets  as  may  be  established  by 
the  council  shall  be  under  the  general  direction  and  control  of  the  commis- 
sioner of  public  utilities.  On  the  recommendation  of  said  commissioner,  the 
council  may  establish,  construct',  purchase,  acquire  and  maintain  such  public 
markets  as  may  be  deemed  of  advantage  to  the  people  of  St.  Paul.  On  the 
recommendation  of  said  commissioner  said  council  shall  by  ordinance  fix  the 
number,  titles,  salaries  and  duties  of  the  employes  of  said  markets,  and  all 
rules  for  the  governing,  and  the  administration  of  said  markets.  Said  council 
shall  have  power  to  authorize  said  commissioner  to  cause  to  be  bought  and 
sold  through  said  markets  upon  commission  or  otherwise,  all  articles  and 
things  which  in  the  opinion  of  said  council  shall  be  to  the  advantage  of  the 
people  of  St.  Paul.  Said  commissioner  shall  appoint,  subject  to  the  pro- 
visions of  this  charter,  all  necessary  employes  of  said  markets.  *^ 

Levees  and  harbors. — Sec.  449.  The  council  may  by  ordinance  create  the 
office  of  harbor  wastes  for  the  control  and  regulation  of  levees,  wharves, 
piers  and  harbors  in  said  city  and  fix  his  compensation,  and  the  number  and 
c?ompensation  of  such  other  employes  as  may  be  necessary  to  carry  out  the 
powers  mentioned  in  this  section.  Such  harbor  wastes  and  other  employes 
shall  be  appointed  by  said  commissioner  of  public  utilities  and  shall  be  under 
his  direction  and  control. 

Sec.  450.  Said  commissioner  of  public  utilities  shall  have  power,  subject 
to  the  direction  and  control  of  the  council  to  take  effective  steps  for  the  abate- 
ment of  the  smoke  nuisance. 


CHAPTER  XXII. 

Water  Department. 

Board — Term — Officers. — Sec.  451.  There  is  hereby  created  a  board  of 
water  commissioners  composed  of  the  commissioner  of  public  utilities,  who 
shall  be  president  thereof,  the  commissioner  of  finance  and  the  commissioner 
of  public  works.  The  city  clerk  shall  be  the  secretary  of  such  board.  Each 
of  the  aforesaid  shall  be  ex-officio  members  and  officers  of  the  said  board  so 
long  as  they  shall  hold  their  respective  offices. 

A  city  department. — Sec.  452.  Except  as  herein  modified  or  otherwise 
provided,  the  said  board  shall  be,  in  all  respects,  a  department  of  the  city  and 
shall  likewise  in  all  respects  be  subject  and  subordinate  to  all  the  provisions 
of  this  charter  and  the  ordinances,  administrative  ordinances  and  resolutions 
enacted  in  pursuance  thereof. 

May  sue  and  be  sued,  etc. — Sec.  453.  Said  board  of  water  commissioners 
may  sue  and  be  sued,  plead  and  be  impleaded,  answer  and  be  answered  unto, 
appear  and  prosecute  unto  final  judgment  in  any  court  or  elsewhere  in  the 
name  of  said  board  of  water  commissioners;  have  a  common  seal  and  alter 
the  same  at  pleasure.  They  may  prosecute  any  action  in  the  name  of  said 
board  of  water  commissioners  against  any  person  or  persons  for  money  due 
for  the  use  of  water,  for  the  breach  of  any  contract,  expressed  or  implied, 
touching  the  execution  or  managerrient  of  the  works  or  distribution  of  the 
water,  or  of  any  promise  or  contract  made  to  or  for  them;  and  also  for  any 
injury  or  trespass  or  nuisance  done  or  caused  or  procured  to  be  done  to  the 
water  courses,  pipes,  machinery,  or  any  other  apparatus  belonging  to  or  con- 
nected with  ^ny  part  of  the  works  or  for  any  improper  use,  or  waste  of  the 
water. 

Extensions — New  sources  of  supply — General  powers. — Sec.  454.  With 
the  approval  by  resolution  of  the  council,  the  said  board  of  water  commis- 
sioners may  from  time  to  time  for  the  purpose  of  furnishing  a  full  supply 
of  water  to  the  inhabitants  of  the  City  of  St.  Paul,  extend  said  water  works, 
or  make  new  lines  of  works,  it  may  draw  water  from  any  lake  or  creek  by 
means  of  pipes,  ditches,  drains,  conduits,  aqueducts,  or  other  means  of  con- 


CHARTER  OF  CITY  OF  ST.  PAUL.  ^  99 

ducting  water  so  as  to  connect  said  lakes  or  creeks  with  said  works,  and  may- 
erect  and  construct  dams,  bulkheads,  gates  and  other  needed  structures  and 
means  for  controlling  water  and  its  protection,  and  in  general  to  do  any  other 
act  necessary  or  convenient  for  accomplishing  the  purpose  contemplated  by 
this  charter. 

Special  laws. — Sec.  455.  The  following  sections  and  provisions  of  Chap- 
ter 110,  Special  Laws  1885  are  hereby  continued  in  full  force;  adopted  herein 
and  made  part  of  this  charter,  as  if  specifically  reacted,  to-wit: 

(Method  of  procedure  of  extending  works.) — "Sec.  7.  Whenever  at  any 
time  said  board  shall  propose  to  extend  its  said  works  so  as  to  connect  with 
any  of  said  lakes  or  creeks,  or  to  divert  the  water  of  any  stream,  creek  or  body 
of  water,  it  shall  proceed  as  follows:  Said  board  shall  cause  to  be  made  a 
survey  of  the  line  along  which  it  shall  so  propose  to  extend  its  said  works 
and  of  all  lands  or  other  property  to  be  affected  by  flowage,  drainage  or  other- 
wise, and  for  that  purpose  it  may,  by  its  officers  and  agents,  enter  upon  any 
lands  doing  no  unnecessary  damage  thereto.  After  such  survey  shall  have 
been  made  and  such  line  located,  it  shall  cause  to  be  made  a  map  showing 
the  location  of  said  line  and  the  lands  necessary  to  be  taken  for  such  exten- 
sion, and  of  lands  or  other  property  to  be  affected  by  flowage,  drainage  or 
otherwise.  Said  map  shall  be  acknowledged  by  the  surveyor  making  the  same, 
and  by  the  president  of  the  board  of  water  commissioners,  and  shall  be  filed 
as  a  record  in  the  office  of  the  register  of  deeds  of  the  proper  county.  And 
aiter  making  compensation  as  hereinafter  provided  to  the  owners  of  or  per- 
sons interested  in  the  lands  so  to  be  taken,  and  for  damages  by  reason  of 
diverting  the  water  of  any  stream,  creek  or  body  of  water,  said  city  shall 
have  an  easement  in  said  land  designated  on  said  map  for  all  the  purposes 
contemplated  in  this  act,  which  said  easement  shall  include  the  right  of 
passage  without  doing  unreasonable  damage  from  any  public  highway  to  and 
from  the  land  included  or  covered  by  said  easement.  The  damage  for  said 
right  of  passage  shall  be  estimated  in  apportioning  the  amount  of  damage  to 
be  paid  for  such  easement." 

(Commissioners  to  assess  damages — Meetings — Report — Payment  of  dam- 
ages— Appeal — Costs.) — "Sec.  8.  Said  board  shall  make  application  to  the 
judge  of  the  District  Court  of  the  county  wherein  the  lands  are  situate,  at 
chambers,  for  the  appointment  of  three  commissioners  to  assess  the  damage 
which  the  owners  of,  or  persons  interested  in,  the  lands  to  be  taken,  or  any 
other  persons,  may  sustain  by  reason  of  the  taking  of  such  lands,  or  of  the 
constructing,  use  and  operating  of  such  work.  Notice  of  such  application 
shall  be  given  by  publishing  the  same  in  a  newspaper  printed  in  the  county 
wherein  the  lands  are  situated  for  at  least  twenty  (20)  days  before  the  day 
of  making  such  application,  which  notice  shall  specify  the  time  and  place 
where  such  application  shall  be  made,  the  points  between  which  it  is  proposed 
to  extend  said  works,  and  state  the  date  of  filing  the  said  map.  At  the  time 
and  place  specified  in  said  notice  said  judge  shall,  upon  proof  to  his  satisfac- 
tion by  affidavit  of  the  due  publication  of  said  notice  appoint,  by  an  instru- 
ment under  his  hand,  three  commissioners  to  assess  said  damages.  Such 
commissioners  shall  take  and  subscribe  an  oath  for  affirmation  that  they  will 
faithfully  and  fully  examine  the  matter  in  question  and  make  a  true  report 
thereon,  according"  to  the  best  of  their  skill  and  understanding.  They  shall 
appoint  a  time  and  place  of  meeting  for  the  purpose  of  making  such  exam- 
ination, and  give  notice  thereof  by  publishing  such  notice  in  a  newspaper 
printed  in  the  county  wherein  the  lands  are  situate,  at  least  ten  (10)  days 
before  the  day  so  appointed.  On  the  day  so  appointed  they  shall  proceed 
to  view  the  lands  so  to  be  taken,  and  hear  any  evidence  as  to  the  damages 
which  any  person  may  sustain  by  the  taking  of  the  same  or  by  the  construc- 
tion, use  and  operating  of  the  works  of  the  city  and  shall  continue  their 
examination  until  the  same  shall  be  completed.  They  shall  make  a  just  and 
equitable  estimate  of  such  damages  and  shall  make  and  file  in  the  office  of 
the  clerk  of  said  court  a  report  in  writing  signed  by  them,  or  any  two  (2) 
of  them,  in  which  they  shall  state  the  amount  which  said  board  should  pay 
to  such  persons  or  corporations  who  may  sustain  any  damage  by  reason  of 


100  CHARTER  OF  CITY  OF  ST.  PAUL. 

the  taking  of  such  lands  or  by  reason  of  the  construction,  use  or  operating 
of  such  works.  Upon  said  report  being  filed  said  board  may  pay  in  to  the 
clerk  of  said  court,  for  the  use  of  the  persons,  entitled  thereto,  the  several 
amounts  so  awarded  by  said  report,  and  thereupon  said  city  shall  have  and 
hold  said  lands  and  rights  for  the  purposes  aforesaid  and  said  board  may 
proceed  to  construct,  use  and  operate  thereon  said  works  an  extension  thereof. 
Said  report  and  finding  of  said  commissioners  shall  be  final  and  conclusive 
as  against  all  persons  or  corporations  who  shall  not  appeal  therefrom  within 
thirty  (30)  days  after  the  filing  of  said  report.  Any  person  or  corporation 
interested  may  appeal  from  said  report  and  findings  of  said  commissioners 
within  the  time  aforesaid  to  the  said  district  court  by  filing  with  the  clerk 
of  said  court  a  notice  of  appeal  specifying  the  nature  of  his  or  its  claims 
and  the  amount  thereof,  and  also  by  filing  a  bond  in  the  sum  of  five  hundred 
($500)  dollars,  with  at  least  two  (2)  sureties  ,to  be  approved  by  the  Court 
conditioned  for  the  payment  of  the  judgment  and  of  any  costs  that  may  be 
awarded  against  said  appellant.  Said  board  may  likewise  appeal  within  the 
time  aforesaid  upon  the  findings  of  said  commissioners  in  favor  of  any  person 
or  corporation  by  filing  with  said  clerk  a  notice  of  such  appeal.  The  appeal 
shall  be  entered  on  the  calendar  for  the  succeeding  term  of  said  court  and 
shall  be  tried  and  judgment  therein  given  and  the  like  costs  allowed  as  in 
actions  brought  in  said  court.  If  the  said  board  appeals  and  the  same  or 
greater  damages  be  recovered  than  shall  have  been  awarded  by  the  commis- 
sioners it  shall  be  liable  for  costs.  If  any  other  person  or  corporation  be 
the  appellant  and  do  not  recover  greater  damages  than  shall  have  been 
awarded  by  the  commissioners,  such  appellant  shall  be  liable  for  costs;  but 
no  appeal  taken  shall  prevent  said  city  having  and  holding  said  lands  as  afore- 
said or  said  board  from  entering  upon  and  proceeding  to  construct,  use  and 
operate  said  works  or  any  part  thereof." 

(Duties  of  clerk  of  court.) — -"Sec.  9.  The  clerk  of  said  court  shall  attach 
together,  and  keep  on  file  in  his  office,  the  said  notice  of  application,  with 
the  affidavits  of  publication  thereof,  the  appointment  of  said  commissioners, 
their  oath  or  affirmation,  the  notice  given  by  them,  with  an  affidavit  of  the 
publication  thereof;  their  report,  the  notice  of  appeal  and  bond,  a  certified 
copy  of  any  final  judgment  or  appeal  and  his  certificate  or  certificates  of  the 
payment  to  him  by  said  board  of  any  monies  awarded  to  any  person  or  cor- 
poration. A  copy,  certified  by  said  clerk,  of  such  papers  may  be  recorded 
in  the  office  of  the  register  of  deeds  of  said  county,  and  the  papers  so  filed; 
said  record  or  a  certified  copy  of  either  shall  in  all  cases  be  received  as  evi- 
dence of  the  facts  therein  stated. 

(Possession  and  right-of-way — Injunction.) — "Sec.  10.  That  ^whenever 
the  board  of  water  commissioners  file  their  maps  as  required  by  section  seven 
(7)  of  this  act,  the  Board  shall  be  deemed  to  be  in  possession  of  the  lands 
and  right-of-way  as  represented  on  their  map  or  maps  or  of  any  other  lands 
they  may  occupy  or  have  damaged  in  the  construction  of  their  works  for  the 
purpose  of  introducing  and  supplying  the  City  of  St.  Paul  with  pure  water, 
either  by  flowage,  drainage  or  otherwise,  either  by  the  consent  of  the  owner 
or  owners,  or  not  of  the  land  used  or  occupied,  that  is  not  shown  on  their 
map  or  maps,  that  the  owner  or  owners  have  not  been  settled  with  nor  the 
lands  paid  for  as  required  by  section  eight  (8)  of  this  act.  No  injunction 
shall  be  maintained  against  the  board  of  water  commissioners,  restraining 
them  from  the  use  of  the  lands,  (nor  any  action  to  recover)  possession,  or 
for  damage  to  said  lands  shall  be  maintained,  except  a  sprovided  in  the  follow- 
ing section." 

Suits  for  recovery. — "Sec.  11.  The  owner  or  owners  of  any  such  land  or 
lands  may  maintain  a  suit  for  the  recovery  of  the  possession  of  lands  used 
by  the  board  of  water  commissioners,  for  the  value  thereof,  and  the  damages 
thereto  by  reason  of  the  taking  thereof  as  aforesaid,  either  by  flowage,  drain- 
age or  otherwise  or  damage  of  any  kind." 

Answer. — "Sec.  12.  The  defendant,  the  board  of  water  commissioners, 
may  be  answer  admit  and  allege  the  taking  of  the  plaintiff's  land  for  the  use 
of  the  board  of  water  commissioners,  for  the  purposes  of  introducing  water 


CHARTER  OF  CITY  OF  ST.  PAUL.  101 

into  the  City  of  St.  Paul,  and  that  no  compensation  has  been  paid  therefor, 
and  that  the  defendant  is  ready  and  willing  to  pay  such  compensation,  upon 
having  the  same  assessed  by  the  jury  trying  the  action,  provided  the  plain- 
tiff on  the  trial  shall  establish  his  right  to  recover  the  land  in  question." 

Verdict  for  damages. — "Sec.  13.  In  all  such  actions  where  the  defendant 
by  answer  admits  and  pleads,  as  hereinabove  specified,  the  jury  shall  try, 
and  by  their  verdict  find  whenever  the  plaintiff  is  entitled  to  recover  for  the 
land  in  controversy,  and  if  so  entitled,  the  amount  of  compensation  to  which 
the  plaintiff  is  entitled  for  the  taking  and  perpetual  use  of  this  land  for  the 
purpose  herein  specified;  Provided,  that  when  it  appears  that  the  land  was 
so  taken  or  appropriated,  by  and  with  the  consent  and  acquiescence  of  the 
owner,  such  owner  shall  not  be  entitled  t  orecover  any  rents  or  profits  which 
accrued  prior  to  demand  for  compensation  for  such  land,  adn  he  shall  be 
limited  to  recover  in  such  case  the  compensation  for  the  land  taken  and 
damages." 

Judgment  for  damages. — "Sec.  14.  Upon  a  verdict  finding  that  the  plain- 
tiff is  entitled  to  recover  the  land  in  suit  and  the  compensation  due  him  for  the 
taking  and  perpetual  use  of  such  land,  judgment  shall  be  entered  in  substance 
as  follows:  That  the  plaintiff  have  and  recover  from  the  defendant  the  land 
in  suit  or,  in  lieu  thereof,  the  compensation  fixed  by  the  jury,  with  costs  and 
disbursements,  and  reasonable  attorney's  fees,  to  be  fixed  by  the  court;  on 
the  expiration  of  ninety  (90)  days  after  the  entry  of  the  judgment  aforesaid, 
if  the  compensation,  costs,  disbursements  and  attorney's  fee  specified  in  the 
judgment  are  not  paid  then  a  writ  of  execution  shall  issue  for  the  delivery 
of  the  possession  of  the  land  described  in  the  judgment  to  the  plaintiff,  and 
to  satisfy  the  judgment  as  to  costs,  disbursements  and  attorney's  fee  out  of 
any  property  of  the  defendant,^ 

Infant  heirs,  lands  belonging  to. — "Sec.  15.  Whenever  the  Board  of 
water  commissioners  has  located  the  line  of  its  work  or  any  of  its  appur- 
tenaces,  upon  a  crop,  or  over,  across  or  contiguous  to  any  land  or  lots  be- 
longing to  infant  heir  or  other  wards  having  any  interest  therein,  it  shall  be 
lawful  for  the  guardian  of  such  heirs  or  wards  to  sell  and  convey  to  the 
City  of  St.  Paul,  upon  such  terms  as  may  be  agreed  upon  between  said  guardian 
and  said  board  of  water  commissioners,  such  portion  of  said  land  or  lots 
as  may  be  deemed  necessary  or  required  by  said  board  and  the  right-of-way 
upon  and  across  the  same,  together  with  all  such  grounds  and  rights  as  may 
be  deemed  necessary  or  required  for  any  purpose  by  said  board  in  the  dis- 
charge of  their  duties  as  herein  provided,  subject  only  to  the  approval  and 
confirmation  of  the  probate  court  of  the  county  having  jurisdiction  of  the 
matter  of  the  guardianship  of  such  heirs  or  wards,  such  approval  and  con- 
firmation shall  be  indorsed  upon  or  annexed  to  the  deed  or  other  instrument 
between  the  parties  and  shall  be  recorded  with  and  as  a  part  of  such  deed 
or  instrument,  in  the  office  of  the  register  of  deeds  in  the  proper  county, 
and  shall  be  notice  to  all  parties  interested  of  the  facts  therein  stated;  Pro- 
vided, that  before  granting  such  approval  and  confirmation  the  judge  of  pro- 
bate shall  require,  a  petition,  subscribed  and  verified  by  such  guardian  and 
signed  by  the  president  of  the  board  of  water  commissioners,  or  by  its  attor- 
ney, to  be  filed  in  such  probate  court,  setting  forth  the  names  of  such  heirs 
or  wards,  the  name  of  the  board  of  water  commissioners,  a  description  of 
the  lands  or  lots  to  be  conveyed,  the  terms  of  sale,  and  that  the  price  to  be 
paid  is  the  just  and  full  value  of  the  lands  or  lots  intended  to  be  conveyed 
to  said  board  and  upon  the  filing  of  such  petition  the  judge  of  the  probate 
court  shall  determine  the  matter,  without  any  further  formality,  notice,  order 
or  delay  whatever." 

Re-surveys  and  re-locations. — "Sec.  16.  Said  board  is  hereby  authorized 
to  re-survey  the  line  of  its  works  heretofore  and  hereafter  to  be  located,  and 
to  re-locate  said  line  or  any  portion  thereof,  the  same  as  though  said  line 
had  not  been  heretofore  been  located.  In  case  of  making  such  new  survey  and 
re-location,  said  board  shall  proceed  in  the  sarne  manner  as  is  provided  in 
sections  seven  (7),  eight  (8),  and  nine  (9)  of  this  act,  and  all  the  provisions 
of  said  sections  in  all  respects  be  applicable  to  the  proceedings  for  such  re- 


102  CHARTER  OF  CITY  OF  ST.  PAUL. 

survey  and  re-location  and  the  effect  thereof,  and  of  constructing,  using,  and 
operating  its  works  over  said  re-located  line.  It  may  join  its  proceedings 
for  such  re-survey  and  re-location  with  any  proceedings  for  extending  its  said 
works:  Provided,  that  if  said  board  shall,  in  the  proceedings  heretofore  or 
hereafter  to  be  had  for  locating  its  said  line,  have  paid  unto  the  said  clerk 
the  amount  awarded  to  any  person  by  the  commissioner  in  said  proceedings, 
the  amount  so  paid  in  shall  be  deemed  a  payment  to  such  person  upon  the 
amount  which  may  be  awarded  in  the  proceedings  hereby  authorized." 

Willful  damage,  penalty  for. — "Sec.  17.  Any  person  who  shall  wilfully 
and  without  authority  from  said  board  break,  remove  or  damage  any  dam, 
bulkhead,  gate,  gate  house,  conduit,  air  vent,  air  box,  air  box  cover,  main  pipe 
or  culvert,  or  fill  up,  or  partially  fill  up,  an  excavation  or  raise  or  open  any 
gate,  break  down  or  force  open  any  doors  of  said  works  executed,  constructed 
and  maintained  for  the  purposes  specified  in  this  act  shall,  on  conviction 
thereof,  be  punished  by  imprisonment  in  the  state  prison  for  a  term  of  not 
more  than  ten  (10)  years  nor  less  than  one  (1)  year." 

Willful  acts  to  divert  or  corrupt  water,  etc. — Penalty. — "Sec.  19.  If  any 
person  or  persons  shall  maliciously  or  wilfully  divert  the  water,  or  any  por- 
tion thereof,  from  the  said  works,  or  shall  corrupt  or  render  the  same  impure, 
or  shall  destroy  any  canal,  aqueduct,  pipe,  conduit,  machinery,  or  other  prop- 
erty used  or  required  for  procuring  or  distributing  the  water,  such  person 
or  persons  and  their  aiders  and  abettors  shall  forfeit  to  said  board,  to  be 
recovered  in  a  civil  action,  treble  the  amount  of  damages  (besides  costs  of 
suit),  which  shall  appear  on  file  to  have  been  sustained;  and  all  such  acts 
are  hereby  declared  to  be  misdemeanors,  and  the  parties  found  guilty  thereof 
may  be  further  punished  by  a  fine  not  exceeding  one  thousand  ($1,000)  dollars 
or  by  imprisonment  not  exceeding  one  (1)  year  or  both,  at  the  discretion  of 
the  court." 

Board  may  use  ground  under  streets,  roads,  railroads,  etc. — "Sec.  20. 
That  the  said  board,  in  behalf  of  the  City  of  St.  Paul  and  all  persons  acting 
under  their  authority,  shall  have  the  right  to  use  the  grounds  or  soil  under 
any  road,  railroad,  highway,  street,  lane,  alley  or  court  for  the  purpose  of 
constructing,  enlarging,  improving  or  repairing  the  works  contemplated  by 
this  act,  on  condition  that  they  shall  cause  the  surface  of  such  road,  railroad, 
highway,  street,  lane,  alley  or  court  to  be  restored  to  its  original  state,  and 
all  damages  done  thereto  to  be  repaired." 

Rights-of-way  and  easements  paramount. — "Sec.  33.  In  all  cases  where 
rights-of-way  and  easements  have  been  or  may  be  hereafter  acquired,  either 
by  purchase  of  title  or  by  condemnation,  for  the  laying  of  any  conduits,  supply 
mains,  or  other  appliances  or  works  for  supplying  water  as  contemplated  in 
this  act,  such  rights-of-way  and  easements  shall  be  paramount,  and  neither 
said  City  of  St.  Paul  nor  said  County  of  Ramsey  nor  other  county  or  municipal 
body  or  corporation,  or  other  corporation  or  person  shall  thereon,  use  or 
occupy  the  same  for  any  purpose  other  than  said  purpose  for  which  said 
right-of-way  or  easement  was  or  may  be  acquired  as  afoi'esaid,  except  with 
the  consent  of  said  board,  and  upon  such  terms  and  in  such  manner  as  may 
be  agreed  upon  with  said  board  of  water  commissioners  and  said  board  of 
water  commissioners  is  hereby  authorized  to  make  and  enter  into  any  agree- 
ment in  that  behalf  which  it  may  deem  necessary  and  expedient." 

X 

Actions  and  judgments  against  board. — "Sec.  34.  And  all  causes  of  action, 
either  at  law  or  in  equity,  which  may  now  exist,  or  which  may  hereafter  occur 
by  reason  of  any  act  or  omission  by  or  on  the  part  of  the  board  of  water 
commissioners,  or  of  any  of  its  servants,  agents,  employes  or  otherwise,  shall 
be  brought  and  maintained  by  such  claimant  or  claimants  against  the  said 
board  of  water  commissioners,  anything  in  the  status  of  the  State  of 
Minnesota  to  the  contrary  notwithstanding.  And  any  and  all  judgments  re- 
covered against  said  board  of  water  commissioners  shall  be  paid  out  of  any 
monies  in  the  hands  of  the  city  treasurer  of  the  City  of  St.  Paul  belonging  to 
said  board,  as  other  indebtedness  are  paid." 


CHARTER   OF   CITY   OF   ST.   PAUL.  103 

Notice  of  actions,  filing  and  contents,  limitation. — "Sec.  35.  Before  any 
action  shall  hereafter  be  maintained  in  any  court  of  this  state  having  jurisdic- 
tion thereof,  against  said  board  of  water  commissioners,  for  any  cause  what- 
ever, the  subject  matter  thereof,  together  with  the  evidence  in  support  of  the 
same,  must  have  first  been  presented  and  submitted  to  said  board  for  its  in- 
vestigation and  approval,  and  that,  too,  within  sixty  (60)  days  after  said  cause 
of  action  accrues.  If,  upon  and  after  such  investigation  by  said  board,  the 
same  shall  by  it  be  rejected,  then  and  in  that  case  action  thereon  must  be 
commenced  within  one  (1)  year  thereafter,  or  forever  be  barred  from  main- 
taining an  action  thereon,  or  recovering  a  judgment  against  said  board  upon 
said  claim  or  cause  of  action." 

Real  estate  defined. — "Sec.  36.  The  term  'real  estate'  as  used  in  this 
chapter,*  shall  be  construed  to  signify  and  embrace  all  uplands,  lands  under 
water,  the  waters  of  any  lake,  pond  or  stream,  all  and  every  estate,  interest 
and  right,  legal  and  equitable,  in  the  lands  or  water,  including  term  for  years, 
and  liens  thereon  by  way  of  judgment,  mortgage  or  otherwise,  and  also  all 
claims  for  damages  to  such  real  estate." 

Meetings — General  powers — Executive  officer. — Sec.  456.  Such  board 
shall  meet  at  least  once  a  month  and  at  such  other  times  as  it  may  determine 
and  shall  keep  complete  public  records  of  all  its  proceedings.  Special  meetings 
inay  be  called  by  the  president  or  by  the  other  two  members  by  jointly 
signing  call.  A  majority  of  the  board  shall  constitute  a  quorum  for  the 
transaction  of  business. 

Subject  to  the  charter  and  any  enactment  in  pursuance  thereof,  the  board 
shall  have  full  control  and  management  of  the  said  department. 

The  president  shall  be  the  executive  ofifiicer  of  said  board  and  subject  to 
the  charter  and  with  the  approval  of  the  board  may  appoint  and  employ  all 
officers  and  employes  of  the  said  department. 

Officers  and  employes — Terms  and  compensation. — Sec.  457.  The  board, 
with  the  approval  of  the  council,  by  administrative  ordinance,  shall  fix  the 
compensation  of  all  officers  and  employes,  their  titles,  terms  of  service,  and 
general  conditions  of  employment,  subject,  however  to  this  charter,  and 
also  may  likewise  make  and  provide  rules  and  regulations  for  their  govern- 
ment. 

Contracts — Finances. — Sec.  458.  All  contracts  and  agreements  shall  be 
made  in  the  name  and  for  the  benefit  of  said  board,  and  all  formal  contracts 
shall  be  signed  and  executed  by  the  president  and  secretary  thereof,  and 
approved  and  countersigned  by  the  comptroller. 

All  money  collected  or  expended  by  the  said  board  shall  be  kept  in  a 
separate  fund,  which  may  be  divided  into  such  accounts  as  desirable,  and  shall 
be  used  only  for  the  purposes  and  uses  of  said  board  and  not  otherwise. 

Rules  for  use  and  water  rates. — Sec.  459.  The  council,  by  ordinance,  shall 
provide  rules  and  regulations  relative  to  the  use  and  distribution  of  water, 
the  fixing  of  the  price  at  which  it  shall  be  furnished  for  any  purpose  whatso- 
ever. Water  rates  must  be  uniform,  as  nearly  as  practicable,  and  shall  be 
adequate  for  the  maintenance  of  said  department,  the  payment  of  all  interest 
and  repair  charges,  and  the  amortization  of  all  indebtedness  when  due,  and 
any  officer  violating  this  provision  shall  be  guilty  of  a  misdeamanor.  Any 
and  all  charges  to  the  furnishing  by  the  said  board,  of  water  to  any  person 
or  property  shall  be  a  continuing  lien  upon  such  property  until  the  same  are 
paid. 

The  council  may  provide  for  the  payment  of  water  rates  in  advance  and 
may  also  provide  for  the  deposit  of  a  stated  sum  for  the  installation  of  a 
meter  or  other  water  connection,  which  deposit  shall  be  returned  to  the  per- 
son making  the  same  with  interest  not  to  exceed  four  (4)  per  cent  per  annum 
when  such  connection  shall  terminate,  provided  all  charges  shall  have  been 
paid.  It  may  also  prescribe  a  minimum  rate  and  shall  prescribe  penalties  for 
failure  to  pay  promptly  for  water  furnished,  and  also  for  non-payment. 


104  CHARTER   OF   CITY   OF   ST.   PAUL. 

All  water  rates  and  charges  shall  be  collected  at  least  once  in  every  three 
months. 

City  must  pay  for  water. — Sec.  460.  The  said  board  shall  keep  separate 
accounts  with  each  officer  and  department  of  the  city  and  other  governmental 
agencies  for  water  furnished  and  shall  collect  therefrom  in  the  same  manner 
and  subject  to  the  same  rules  and  regulations,  as  if  the  same  were  private 
persons,  provided,  however,  that  the  council  shall  annually  appropriate  funds 
for  the  payment  to  such  board  for  all  water  supplied  for  the  extinguishment 
of  fires,  for  public  fountains,  public  watering  places,  public  baths,  the  clean- 
ing of  streets  and  for  all  other  public  purposes  where  it  is  impracticable  to 
measure  the  amount  thereof.  The  council  also  shall  annually  determine  the 
cost  or  value  of  water  to  be  used  in  street  sprinkling  or  other  like  ..purpose 
and  shall  direct  the  proper  officer  or  department  to  include  such  sum  or  sums 
in  the  cost  of  sprinkling  or  other  like  purpose  and  proceed  to  collect  the 
same  for  the  benefit  and  use  of  the  said  water  department. 

Failure  on  the  part  of  any  public  officer  to  carry  out  the  provisions  of 
this  section  shall  constitute  malfeasance  in  office. 

Frontage  tax — Collection. — Sec.  461.  The  said  board  shall  assess  against 
each  and  every  lot,  piece  or  parcel  of  land  in  front  of  which  water  pipes  are 
laid  an  annual  tax  or  assessment  of  ten  (10)  cents  per  lineal  foot  of  the 
frontage  thereof,  which  assessment  shall  be  a  lien  thereon  and  shall  be  col- 
lected by  and  through  the  county  auditor  and  county  treasurer  in  such  man- 
ner as  the  council  by  an  administrative  ordinance  shall  prescribe;  but  no 
property  shall  be  subjected  to  more  than  ten  such  annual  assessments,  and 
all  sums  so  collected  shall  be  for  the  benefit  and  use  of  the  said  board. 

Mains — Grades. — Sec.  462.  The  council  by  ordinance  shall  prescribe  the 
manner  of  and  provide  for  the  laying  of  water  mains,  the  re-adjustment  there- 
of, and  the  relaying  and  readjustment  thereof  on  the  change  of  any  street 
grade. 

Council  powers. — Sec.  463.  The  council  shall  have  full  power  and 
authority,  subject  to  the  provisions  of  the  charter,  to  prescribe  and  provide  for 
the  better  conduct  and  regulation  of  the  water  department  and  all  other  mat- 
ters connected  therewith  not  herein  provided  for. 

Bonds. — Sec.  464.  All  bonds  heretofore  issued  by  the  city  for  the  pur- 
chase or  improvement  of  the  water  system  of  the  city  are  hereby  declared  to 
be  legal  and  valid  obligations  of  the  City  of  St.  Paul. 

Upon  request  of  the  said  board,  the  council  shall  have  power  by  five- 
sevenths  affirmative  vote  of  all  members  elect,  to  issue  and  sell  not  to  exceed 
three  hundred  thousand  dollars  ($300,000.00)  par  value  of  the  bonds  of  said 
city  for  the  purpose  of  and  the  proceeds  thereof  shall  be  used  solely  for 
extending,  enlarging  and  improving  the  water  plant  and  system  of  said  city, 
provided,  however,  that  no  more  than  one  hundred  thousand  dollars  ($100,- 
000.00)  par  value  of  said  bonds  shall  be  issued  and  sold  in  any  one  calendar 
year. 

Said  bonds  shall  be  in  the  form  prescribed  by  the  council,  shall  bear  in- 
terest at  a  rate  not  to  exceed  four  (4)  per  cent  per  annum,  and  shall  be  pay- 
able in  not  to  exceed  thirty  years  after  their  date.  It  is  the  duty  of  said 
board  to  make  annually  suitable  provision  for  the  prompt  payment  of  the 
interest  on  any  said  bonds  and  for  the  redemption  of  said  bonds  at  their 
maturity  from  the  revenues  of  said  board. 

Said  bonds  may  be  issued  and  sold  notwithstanding  any  other  provisions 
of  this  charter  nor  any  provision  of  law  fixing  the  bonded  indebtedness  of 
said  city,  but  they  shall  not  be  additional  to  the  bonds,  authorized  in  the 
provisions  of  this  charter  relative  to  city  finances. 


CHARTER   OF   CITY   OF   ST,   PAUL.  105 


CHAPTEE  XXIII. 

Court  house  and  city  hcill  joint  committee- — Sec.  465.  That  the  follow- 
ing portion  of  Section  1,  Chapter  64  of  the  special  laws  of  the  State  of  Min- 
nesota for  the  year  1889  in  the  following  words  shall  remain  in  full  force, 
to-wit: 

"The  said  building  (Court  house  and  City  hall)  when  completed  shall  be 
in  charge  of  a  joint  committee  of  seven  to  be  appointed  as  follows:  The 
mayor  of  the  City  of  St.  Paul  shall  be  ex-officio  a  member  and  chairman  of 
said  committee.  Three  (3)  of  said  committee  shall  be  appointed  annually  by 
the  president  of  the  common  council  of  said  city  from  the  members  of  said 
council,  and  three  (3)  shall  be  appointed  annually  by  the  chairman  of  the 
board  of  county  commissioners  from  the  members  of  said  board.  Said  com- 
mittee shall  have  entire  charge  of  said  building,  and  shall  have  power  to  ap- 
point such  janitors,  custodian  and  other  employes  as  they  shall  deem  neces- 
sary for  the  proper  care  and  management  of  said  building  and  at  such  com- 
pensation as  said  committee  shall  determine.  The  expense  of  keeping  said 
building  in  repair  and  the  necessary  expense  of  heating  and  maintaining  the 
same  shall  be  paid  equally  by  said  city  and  county,  that  is  to  say,  one-half 
thereof  out  of  the  treasury  of  said  city  and  one-half  out  of  the  treasury  of 
said  county." 

Provided  that  the  foregoing  the  term  "common  council"  shall  mean 
"council"  under  this  charter  and  the  phrase,  "president  of  the  common  con- 
cil,"  shall  mean  mayor  of  the  City  of  St.  Paul  under  this  charter. 


CHAPTER  XXIV. 

Municipal  court. — Sec.  466.  All  provisions  of  law  relating  to  the  munic- 
ipal court  of  the  City  of  St.  Paul,  or  any  of  the  officers  or  employes  thereof, 
or  imposing  powers  or  duties  on  any  of  the  officers  or  employes  of  said 
city  of  St.  Paul  in  connection  with  said  municipal  court,  are  continued  in 
force  and  made  part  of  this  charter. 


CHAPTER  XXV. 

Almshouse  and  city  hospital. — Sec.  467.  All  provisions  of  law  relating  to 
the  almshouse  and  city  hospital,  and  to  the  city  and  county  physician  as  they 
now  exist,  are  continued  in  force  and  made  part  of  this  charter. 


CHAPTER  XX VI. 

Plat  commission. — Sec.  468.  All  the  provisions  of  that  certain  act  of  the 
legislature  of  the  State  of  Minnesota  entitled,  "An  act  to  amend  and  con- 
solidate an  act  to  provide  for  a  plat  commission  of  Ramsey  county,  approved 
March  7,  1881,  and  the  several  acts  amendatory  thereof,"  approved  February 
22,  1887,  being  chapter  108  of  the  special  laws  of  1887,  so  far  as  applicable 
to  the  City  of  St.  Paul,  are  hereby  continued  in  force  and  made  part  of  this 
charter,  except  insofar  as  such  provisions  are  inconsistent  with  the  express 
provisions  of  this  charter;  provided  that  the  mayor  of  the  City  of  St.  Paul 
shall  have  the  appointive  power  given  the  "president  of  the  common  council" 
under  said  act,  and  the  commissioner  of  public  works  shall  take  the  place  of 
the  "city  engineer." 


106  CHARTER   OF   CITY   OF   ST.   PAUL. 


OHAPTEE  XXVII. 

Assessment  of  property  for  general  taxation. — Sec.  469.  The  provisions  of 
law  relating  to  the  assessment  of  property  for  general  taxation  as  they  now 
exist  are  continued  in  force  and  made  part  of  this  charter,  except  insofar  as 
such  provisions  of  law  are  inconsistent  with  the  express  provisions  of  this 
charter.  Provided  that  the  board  of  appointment  as  therein  named  shall  be 
composed  of  the  chairman  of  the  board  of  county  commissioners  of  Ramsey 
county,  the  auditor  of  the  County  of  Ramsey  and  the  vice-president  of  the 
council  of  the  City  of  St.  Paul. 


CHAPTER  XXVIII. 

Official  publications. — Sec.  470.  In  November  of  each  and  every  year  the 
council  shall  have  authority  to  receive  competitive  bids  and  to  make  a  con- 
tract or  contracts  for  the  printing  and  publishing  during  the  year  beginning 
January  1  next  following  in  a  daily  or  weekly  newspaper  specified  in  the  bid, 
and  printed  in  the  English  language  in  the  City  of  St.  Paul  qualified  under 
the  laws  of  Minnesota  to  publish  legal  advertisement,  all  ordinances,  resolu- 
tions, and  other  proceedings  and  matters  required  under  this  charter  or  by 
resolutions  or  ordinances  of  the  council  to  be  published  in  a  public  news- 
paper. Said  council  shall  by  ordinance  determine  the  manner  in  which  such 
bids  may  be  received,  and  such  contracts  awarded,  provided  that  said  con- 
tracts shall  be  awarded  in  each  case  to  the  lowest  qualified  bidder  and  in 
such  manner  as  to  serve  and  protect  the  interests  of  the  City  of  St.  Paul. 

May  establish  weekly  paper. — Sec.  471.  Instead  of  advertising  for  bids 
for  printing  and  publication  as  provided  in  the  preceding  section,  and  desig- 
nating an  established  daily  or  weekly  paper  as  the  official  paper  of  the  city, 
the  council  shall  have  power  and  authority  to  require  the  city  clerk  to  have 
printed  and  to  issue  each  week  an  official  paper  of  the  City  of  St.  Paul  in 
which  all  matters  above  designated  shall  be  published.  Said  paper  shall  pub- 
lish only  matters  relating  to  the  city's  business.  Copies  of  each  issue  of  said 
paper  shall  be  kept  on  file  in  the  office  of  the  city  clerk  and  of  the  comp- 
troller, and  shall  be  sent  free  to  all  public  libraries  in  the  Twin  Cities  and 
to  all  other  public  libraries  which  may  apply  therefor.  Such  copies  shall  be 
furnished  free  to  all  persons  applying  therefor  personally  for  each  issue  at 
the  city  hall,  one  copy  of  each  issue  to  each  person  so  applying,  or  they  shall 
be  mailed  to  the  address  of  any  person  paying  in  advance  a  subscription  of 
fifty  cents  per  year  to  said  city  clerk.  Said  subscription  shall  become  part 
of  the  printing  fund  of  the  City  of  St.  Paul.  The  time  specified  for  the  pub- 
lication of  any  notice  required  to  be  published  in  the  official  paper  of  said 
city  under  this  charter  shall  commence  with  its  first  publication. 


CHAPTER  XXIX. 

Miscellaneous  and  Supplementary. 

Sec.  472.  All  meetings  of  the  council,  of  all  boards,  committees  and  offi- 
cers whatever,  elected,  appointed  or  employed,  shall  be  public  meetings  open 
to  the  public  under  proper  regulations  to  be  fixed  by  ordinance  by  the  council. 
All  proceedings  and  records  of  all  such  bodies  or  officers,  and  all  documents 
belonging  to  the  City  of  St.  Paul  shall  be  public  records  and  documents 
accessible  to  the  public  under  proper  restrictions  to  be  fixed  by  the  council 
by  ordinance.  All  such  records  shall  be  prima  facie  evidence  of  the , facts 
therein   stated   and    copies   thereof  when   certified   by   the   person   entitled   to 


CHARTER  OF  CITY  OF  ST.   PAUL.  107 

the  official  custody  thereof  to  have  been  compared  by  him  with  the  original, 
and  to  be  a  correct  transcript  therefrom,  shall  be  received  in  evidence  in  all 
cases  with  the  same  force  and  effect  given  to  such  original. 

Officials  and  employes  not  to  do  business  with  city. — Sec.  473.  No  officer 
or  employe  of  the  City  of  St.  Paul,  or  any  department,  bureau  or  activity 
whatever  in  which  the  City  of  St.  Paul  or  its  government  is  in  any  way  in- 
terested, shall  have  a  personal  interest  direct  or  indirect  in  any  contract  or 
job,  with  said  city,  or  shall  be  interested  directly  or  indirectly  in  the  sale  to 
said  city  of  any  supplies,  material,  service,  or  any  other  things  whatsoever, 
except  on  behalf  of  said  city  as  such  officer  or  employe.  This  prohibition 
shall  apply  to  the  leasing  or  selling  of  lands  to  said  city  for  any  purpose 
whatever.  The  receiving  of  a  fixed  salary  for  performing  official  duties  shall 
not  come  within  the  above  prohibition.  Any  violation  of  this  section  shall 
constitute  malfeasance  in  office,  and  any  moneys  reserved  in  violation  of  said 
section  may  be  recovered  by  said  city  in  the  courts. 

Curative. — Sec.  474.  The  adoption  of  this  amendment  shall  not  be  con- 
strued as  the  repeal  of  any  ordinance  or  resolution  of  the  City  of  St.  Paul 
now  in  force,  and  not  in  conflict  with  this  charter.  So  far  as  the  provisions 
of  this  amendment  are  the  same  as  the  provisions  of  the  prior  existing  charter 
the  same  shall  be  construed  as  continuations  thereof. 

All  contracts  entered  into  by  or  with  the  city,  prior  to  the  adoption  of 
this  amendment  shall  be  continued  in  force  and  with  the  same  effect  as 
though  all  the  procedure  entered  into  by  any  of  the  authorities  of  the  city 
for  making  local  improvements  or  any  other  public  work  shall  be  continued 
and  perfected  under  this  charter  with  the  same  effect  as  though  the  same 
had  been  commenced  hereunder,  except  that  where  the  completion  of  the 
same  is  impracticable  within  the  terms  of  this  charter,  the  same  shall  be  com- 
pleted under  the  terms  of  the  laws  in  force  prior  to  the  adoption  thereof. 

The  repeal  by  this  amendment  of  any  prior  charter  or  any  part  thereof, 
whether  the  same  be  revised  or  re-enacted  herein  or  not,  shall  not  revive 
any  law  heretofore  or  hereby  repealed  or  any  office  abolished;  neither  shall 
it  affect  any  act  done,  ratified  or  confirmed,  nor  any  right  accrued  or  estab- 
lished, nor  any  action  or  proceeding  had  or  commenced,  but  future  proceed- 
ings save  as  herein  specifically  provided,  shall  conform  as  far  as  practicable 
to  the  provisions  of  this  amendment. 

Other  appointments. — Sec.  475.  The  appointment  of  all  officers  not 
otherwise  provided  for  in  this  charter  may  be  made  in  such  manner  and  by 
such  persons  subject  to  the  chapter  on  civil  service  in  this  charter,  as  the 
council  may  be  ordinance  prescribe. 

Additional  powers  of  the  council. — Sec.  476.  In  addition  to  all  specific 
powers  given  the  council  or  any  officer  of  the  City  of  St.  Paul,  the  council 
shall  have  all  such  powers  as  may  be  necessary  to  supplement  and  supply  by 
ordinance  adopted  by  unanimous  vote,  subject  to  the  limitations  of  this  char- 
ter and  the  laws  of  the  state,  any  and  all  things  necessary  to  make  effective 
the  government  of  the  City  of  St.  Paul,  and  guard  and  preserve  the  interests 
of  its  inhabitants- 
May  remove  officers. — Sec.  477.  All  heads  of  departments  having  the 
power  of  appointing  assistants,  subordinates  or  employes  shall  have  power  to 
remove  said  officers  under  the  resolutions  and  by  the  methods  provided  in 
the  chapter  on  civil  service. 

Sec.  478.  The  council  shall  have  power  by  ordinance  to  provide  for  in- 
spection and  regulation  of  all  construction  work,  whatever,  within  the  City 
of  St.  Paul,  whether  buildings,  plumbing,  heating,  ventilating  or  any  other 
construction  whatsoever,  and  shall  do  so  for  the  protection  of  the  people  of 
St.  Paul. 

Sec.  479.  The  council  shall  provide  for  city  representation  to  the  board 
of  equalization  and  all  other  boards  upon  which  the  city  is  entitled  to  repre- 
sentation. 


108  CHARTER  OF  CITY  OF  ST.  PAUL. 

Sec.  480.  The  council  may  provide  for  a  municipal  reference  library  and 
the  selection  of  employes  thereof. 

Council  to  perform  duties  and  exercise  powers  of  "common  council.*' — 

Sec.  481.  Any  duty  or  power  given  the  "common  council"  in  this  or  any 
previous  charter  of  the  City  of  St.  Paul  or  any  amendment  thereto,  or  in  any 
statute,  shall  be  performed  or  exercised  by  the  council  created  under  this 
charter,  if  not  otherwise  provided  for  herein. 

Sec.  482.  All  playgrounds  attached  to  public  schools  or  purchased  with 
school  funds,  shall  be  under  the  exclusive  direction  and  control  of  the  com- 
missioner of  education  for  all  purposes  whatever. 


INDEX. 


Section. 

ABANDONMENT,  franchises 163 

ABATEMENT,  nuisances 373,  374 

Smoke  nuisance 450 

ACCEPTANCE,  of  candidacy 16 

ACCIDENTS,  duties  of  police  officers 361 

ACCOUNTANT,  appointment  by  comptroller,  salary 72 

Auditing  accounts  of  departments 97 

ACCOUNTS,  of  departments,  auditing 97 

ACTIONS— 

Appeals  by  city   181 

To  be  brought  in  corporate  name  of  city 179 

Effect  of  amendment  of  charter 474 

Inhabitants  of  city  competent  as  judges,  jurors,  etc 182 

Process   served  on  /nayor 65 

Security  for  costs 181 

ADVERSE  POSSESSION,  against  City 256 

ADVERTISEMENTS— 

Bids 311 

Bids  for  construction  of  buildings 304 

Contract  for  supplies 297 

Official  publications    470 

AFFIDAVITS,  contractors,  as  to  payment  of  claim 322 

Publication   of  ordinances "  123 

ALIENATION,  lands  acquired  for  park  purposes 423 

ALMS  HOUSE,  laws  continued  in  force ,... 466 

ALTERATIONS,  in  lots,  changing  assessments 264 

AMBULANCE,  police  ambulance 353 

AMENDMENT,  time  of  taking  effect 43 

Amendment  of  Charter,  effect  of  adoption 43a  474 

APPEALS— 

Condemnation  proceedings    271 

By  city 181 

From  confirmation  of  assessments 250 

APPORTIONMENT,  miscellaneous  receipts 210 

APPROPRIATIONS— 

Emergency 206 

Limitation  of  amount   201 

Local  improvements 278,  279 

Ordinances  117 

Request  for,  itemized 92 

Schools    394 

Street  intersections  and  crosswalks 235 

Street  sprinkling 275 

Transfer  of  funds   208 

Unexpended  balance 209 

ARCHITECTS— 

Appointment  by  building  inspector 431 

Duties  as  to  buildings,  etc 434 

Plans,  specifications,  and  estimates  for  buildings 304 

Salary 431 

As  superintendent  of  buildings 435 


no  INDEX. 

ARREST—  ^  Section. 

Authority  of  policemen : 357 

Powers  of  park  police 426 

Rewards  for    365 

Duties  of  police  officers 361 

ART  GALLERIES— 

Acquisition  of  lands  for 233 

Assistants  and   employes 401 

Buildings    405 

Control  of  expenditures 404 

Control  of  property 404 

Donations,   conditions 410 

Free  use   407 

Library  fund    405 

Powers  of  Commissioner  of  Education 400 

Reports  to   council    408 

Rules  and  regulations 402 

Tax  levy 412 

ASSESSMENTS— 

Additional    254 

Advance  payments   265 

Alterations  in  lots 264 

Care  of  grass  plots 429 

Change  or  modification  of  improvements 254 

Collection    by    county    officers 266 

Collection  of  subsequent  installments 263 

Comptroller  to  audit 249 

Confirmation,  appeals    ! 250 

Defenses  and  objections  247 

Hearing 247 

Jurisdictional  defects   247 

Deferred  installments    278 

Delinquent  assessments  or  installments 279 

Collection  by  county 261 

Payment   262 

Penalty    260 

When  delinquent  260 

Effect  of  confirmation  and  judgment 250 

Final  assessments   245 

Inadequate 252 

Interest 260 

Interest  on  installments 263 

Judicial  confirmation    , 246 

Certified  copy  to  commissioner  of  finance 248 

Judicial    revision 247 

Lateral  sewer,  water  and  gas  connections 238 

Lien    259 

Non-assessable    improvements    258 

Notice  of  payment   260 

Parks,  boulevards,  etc 237 

Parks  or  park  ways 421 

Payment  in  installments  258 

Pending  acts  and  proceedings 268 

Planting  and  care  of  trees 430 

Preliminary  assessment 244 

Re-assessment  or  new  assessment 251 

Rules  governing 255 

Sale  of  local  improvement  certificates 267 

Sidewalks    281 

Street  sprinkling 275,  276 

Trunk  sewers 236 

ASSIGNMENT,   contracts    323 

ASYLUMS,  reports  to  bureau  of  health 373 

ATTORNEYS,    special    counsel 178 


INDEX.  Ill 

Section. 

AUDIT— 

Claims  against  city 17,  94,  97 

Assessment  roll   249 

Street   sprinkling   assessments 276 

AUDITOR,  deputy,  appointment,  salary 72 

AUDITORIUM— 

Annual  reports  to  council 417 

Auditorium  fund    414 

Reimbursement  from  contingent  fund 416 

Bequests  and  donations 416 

Charges  for  use 415 

Commissioner  of  education  to  have  control 413 

Revenues    215 

To  be  self-supporting 415 

Subscriptions 416 

Superintendent,    appointment    413 

AWARDS,  of  contracts 299 

BANKS,   city   depositories 188a,  193 

Stockholders  as  suretites  on  bonds  of  depositories 188a 

BEQUESTS,  for  auditorium 416 

BIDS— 

Advertisement  for  311 

Bonds  or  checks  to  accompany 312 

For  city  lighting  443 

For  construction  of  buildings , 304 

Filing 312b 

For  official  publications 470 

Opening    312a 

For  public  works 349a 

Readvertising    318 

For  supplies   297,  298 

BILL  OF  PARTICULARS-^ 

Charges  against  non-elective  officers  and  employes 60 

BIRTHS  AND  DEATHS,  reports 373 

BOARD   OF   CONTROL,   claims 96 

BOARDS,  (See  Water  Department.) 

Abolition    42a 

BONDS— 

Appeal  by  city  181 

Appeal  from  confirmation  of  assessment 250 

Assignee  or  lessee  of  franchise 172 

Bidders 312 

City   depositories    '. 188a 

Deposit  of  securities  in  lieu  of 190 

Lapse   189 

Proceedings  on    189 

Contractors    320 

Additional  bond  321 

Of  employes  in  department  of  public  safety 352 

Cancellation  on  payment 223 

Cancellation  of  comptroller  224 

Coupons,  authentication   224 

Emergency   loans    206 

Increase  of  permanent  debt 216 

Investment  of  sinking  funds 221 

Issuance,  submission  to  voters  217 

Library  building 406 

Limitation  of  amount 217 

Local  improvement  fund    278 

Mayor  to  sign    224 

New   bonds    216 

Payment,   surrender 83 

Refunding 217 


112  INDEX. 

BONDS-Cont.  ^""°"- 

Sale,  amount 217 

Seal 224 

Security  of  city  pledged  for  payment 218 

Sinking  fund    219 

Use  for  other  purposes  . . .  . ; 217 

Water  supply    464 

Official     51 

BOOKKEEPER,  Deputy  appointment,  salary ! !  72 

BOOKS  AND  PAPERS— 

Franchise    holders,    inspection 154 

Injury  to  or  failure  to  return  to  library  books. . 409 

Production  before  civil  service  commissioner 106 

Production  before  commissioner  of  public  safety 352a 

BOULEVARDS— 

Acquisition  of  lands  for 233 

Bureau  of  construction  and  repairs 327,  328 

Bureau   of  sanitation 332 

Powers    of    council    233 

BOUNDARIES,  wards,   change 3 

BRIDGES— 

Bureau  of  bridges 329,  330 

Injuries  from  defects,  notice  of  claim  for  damages 184 

Power    of   council 128 

BUDGET— 

Estimates    200 

Hearings  on 202 

Limitations     201 

Ordinance,  referendum    140 

Publication .  . ; 202 

BUILDING  INSPECTOR,  appointment  of  architect 431 

Commissioner  of  parks,  playgrounds  and  public  buildings  ex  officio.  431 

BUILDINGS   (See  Public  Buildings). 

Building    lines    234 

Commissioner  of  parks,  playgrounds  and  public  buildings 418,  439 

Destruction  for  purpose  of  extinguishing  or  checking  fires 369 

Duties  of  commissioner  of  parks,  playgrounds  and  public  buildings..  432 

Inspection    437 

Inspection  and  regulation  of  construction  work 478 

Inspectors    432,  435 

On  lands  condemned,  appraisal,  removal 274 

Permits 436 

Regulations,  powers  of  council 127,  433 

BUREAUS— 

(See  Civil  Service,  Fire  Protection,  Bureau  of  Health,  Police,  Public 
Safety,  Public  Works.) 

BYSTANDERS,  Summoning  by  police  officers 357 

Summoning  to   extinguish  fires 369 

CARRIERS,   Quarantine    •> 373 

Transportation  of  policemen,  firemen,  etc.,  by  street  railroads 165 

CENSUS,  Per  capita  limitation  of  expenditures 201 

Schools    394 

CERTIFICATES,  of  preservation 12,  14 

Of  vaccination    •. 373 

CERTIFICATES,  preservation  of 12,  14 

Amount 225,  278 

Application  of  proceeds  of  sale 228 

City  Clerk  to  attest 230 

Attesting  bonds    224 

Corporate  seal    • 230 

Denomination  226,  278 

Form 230,  278 

Interest   226,  278 


INDEX.  113 

Section. 
CERTIFICATES— Cont. 

Duties  as  to  recall  elections 29,  35 

Proceeds  of  sale 279 

Maturity 226 

Mayor  to  sign *..'.*.. 230 

Sale 225 

Minimum  price ......;.... 231,  278 

Payment   279 

Records  of 229 

Time   of    231 

Surplus  moneys  invested   in 232 

CERTIFIED  CHECKS,  to  accompany  bids 312 

CHARTER— 

Contract  and  obligations  under  former  charter. 43a,  474 

Effect  of  adoption   of  amendment 43a,  474 

Time  of  taking  effect 43 

CHECKS,  to  accompany  bids 312 

On  depositories 188a 

CHEMIST,  city  testing  laboratories 447 

CHIEF  OF  FIRE  DEPARTMENT  (See  Fire  Chief). 

CHIEF  OF  POLICE  (See  Police). 

CHILDREN,  compensation   to  minor  children   of  policemen,  killed  in 

service    355 

CITY  CLERK— 

Attesting  bonds    224 

Bond 51 

Calling  special  council  meetings Ill 

Certification  of  candidates  to  common  council. 19 

Duties  as  to  recall  elections 29,  35 

Duty  as   to  ballots 20 

Election,  term 113 

Execution  of  bond  on   appeal 181 

Execution  of  contracts  and  leases 316 

Filing   petition  of  presentation 17 

Indorsement  of  petition  of  presentation. ..  i 14 

Notice  of  elections 23 

Notice  to  officers  elected 9,  49 

Preservation  of  petition  of  presentation 18 

Printing  monthly  statement  of  comptroller 74 

To  provide  certificates  of  presentation 12 

Record  of  ordinances  and  resolutions 121 

Records   as    evidence 185 

Salary '  45 

Secretary  of  board  of  water  commissioners 451 

Striking  names  from  petition  for  recall 31 

Transmission  to  county  auditor  of  copy  of  tax  levy 213 

CITY  ENGINEER,  records  as  evidence 185 

CITY    FORESTER,    appointment,    duties 430 

CITY  HALL  (See  Court  House  and  City  Hall). 

CITY  HOSPITAL,  laws  continued  in  force 466 

CITY  LIGHTING,  (See  Lighting.) 

CITY  MARKETS,  (See  Markets.) 

CITY  PHYSICIAN— 

Certificate  of  disability  of  firemen  or  police  officers 52 

Laws  continued  in  force 466 

CITY  TREASURER,  office  abolished 196 

CIVIL  ENGINEER,  appointment,  salary 72 

CIVIL  SERVICE— 

Bureau  established 98 

Chief  examiner,  appointment,  compensation 99 

Classification 100 

Deputy  purchasing  agent  exempt. 284 

Examinations    103 


114  INDEX. 

CIVIL  SERVICE— Cont. 

Officers  to  be  voters 109a 

Political  activity   108 

Political  affiliations   107 

Present   incumbents    104 

Prohibitions    105 

Special  policemen  and  watchmen  exempt 35e 

Violation  of  rules 10& 

CIVIL  SERVICE  COMMISSIONER— 

Civil   list    104 

Comptroller  as  commissioner  ex  officio 76,  98 

Enrollment  of  names  of  employes 95 

Investigations    106 

Powers    9& 

Records    101 

Reports   to  mayor 101 

Rules    101 

Exceptions    102 

CLAIMS— 

Against  Board  of  Control  and  City  Hall  and  Court  House  committee  96 

Auditiing 77,    94,  97 

For  injuries  to  firemen  or  police  officers,  release " 52 

Limitations    95 

Notice  of   184 

Powers   of  council 97,  133 

Presentation  and  allowance 95 

CLERK  OF  DISTRICT  COURT— 

Certified    copy   of   confirmed    assessment    roll    to    commissioner    of 

finance    248 

Copy  of  assessment  filed  with 246 

CLERK  OF  MUNICIPAL  COURT,  Bond 51 

Bond  of  first  assistant  clerk 51 

CLERKS— 

Bureau  of  general  administration,  department  of  public  safety 383 

Chief    clerk    of    bureau    of    general    administration,    department    of 

public  safety    383 

Department  of  Public  Works 333 

Names  certified  to  mayor  and  comptroller 91 

COMFORT  STATIONS,  Supervision  and  control 380 

COMMISSION.     To  standardize  supplies,  specifications  arjd  contracts..  296 
COMMISSIONER  OF  EDUCATION— 

Account  of  auditorium  fund 414 

Annual  reports  to  council  as  to  administration  of  auditorium 417 

Appointments,  advisory  library  board 411 

Advisory  school  board    398 

Assistants  to  superintendent  of  schools 390 

Employes  for  libraries,  etc 401  • 

Janitors,    engineers,    etc f 392 

Librarian 401 

Principals  and  teachers,  etc 390 

COMMISSION.    To  standardize  supplies,  specifications  and  contracts..  296 

Superintendent   of  auditorium 413 

Superintendent  of  school  buildings 391 

Superintendent  of  schools 389 

Bond    51 

Branch   library,   establishment 403 

Control  and  management  of  public  libraries,  museums,  etc 400 

Control  of  auditorium 413 

Control   of   expenditures   for   libraries,    museums,    etc 402 

Control     of    school    playgrounds 482 

Duty    to    make    auditorium    self-supporting 415 

Employment  of  supervisors,  principals,  eachers,  etc 386 

Establishment,    control    and    maintenance    of    public    schools.  ..  .385,  386 


INDEX.  115 

Section. 

COMMISSION— Cont. 

Exclusion  of  persons  from  use  of  libraries,  etc : 407 

Financial  records    395 

To  fix  duties  and  salaries  of  employes 387 

General  powers 386 

Library  fund    405 

To  prescribe  text-books,  and  courses  of  study 386 

Procuring  supplies  and  other  property 396 

To  provide  for  purchase  or  loan  of  text-books 386 

Records     395 

Removal  of  principals  and  teachers 390 

Report  to  council  as  to  libraries,  etc 408 

Rules  and  regulations 387 

Libraries,   etc    402 " 

Teachers    39a 

Truants    397 

Salary    45 

School  inspectors  to  turn  over  the  property  to  commissioner 388 

COMMISSIONER  OF  FINANCE  (See  Treasury.) 

.  Additional  powers   and   duties 96 

Assessment  of  cost  of  street  sprinkling 276 

Assistants,    appointment,    compensation ...  1 195 

Certificates  of  delinquent   assessments 262 

Certificates  of  payment  of  delinquent  assessments 262 

Checks  on  depositories 188a 

Comptroller's  record  of  securities 84 

Condemnation  proceedings    269,  274 

Custody  of  public  moneys  and  securities 187 

Deposits  in   city   depositories 188a 

Deputy,  appointment,  salary 188 

Duties  as  to  local  improvements 240 

Liability    for    deposits 192 

Member  of  board  of  water  commissioners 451 

Member  of  sinking  fund  committee » 62,  220 

Moneys  payable   by 197 

Moneys  payable  to   197 

Notice  for  payment  of  assessments 260 

Notice   to  property   owners  of  hearing  on  order  for  local   improve- 
ments      241 

Preliminary  assessments 244 

Re-assessment    251,  252 

Receipts   for   instruments 194 

Record  of  land  condemned 273 

Record  of  sale  of  certificates  of  indebtedness 229 

Records 194 

Report  to  of  cost  of  street  sprinkling 275b 

Sale  of  buildings  on  lands  condemned 274 

Sidewalk   assessments    281 

Statement  to  comptroller  of  deposits 191 

Tax  settlements,  payments  to  city  by  county  treasurer 198,  199 

Bonds     51 

Salary    45 

COMMISSIONER  OF  HEALTH,  Salary 45,  372 

COMMISSIONER  OF  PARKS,  PLAY  GROUNDS  AND  PUBLIC  BUILD- 
INGS— 

Acquisition  of  lands  without  city  limits 428 

Advisory  Board    439 

Appointments,   architect    431 

City   forester 430 

Police   officers  and  park  employes 426 

Secretary    425 

Superintendent     425 


116  INDEX. 

Section. 
COMMISSIONER   OF    PARKS,    PLAY    GROUNDS   AND    PUBLIC 

BUILDINGS— Cont. 

Architect   as   superintendent 435 

Assessments,   disposition 421 

Bond    51 

Care  of  grass  plots 429 

Care   of  streets 430 

-  Construction    of   buildings .•••.'■% 304 

Control   of   playgrounds 438 

Council  may  place  streets  under  supervision  of 420 

Duties   of    architect 434 

Duties  relating  to   buildings • 432 

As  ex  officio  building  inspector  431 

Expenditures  from   park  fund 421 

Inspection  of  buildings 437 

Laying  of  sewers,  etc 427 

May  acquire  lands 419 

Permits    for   buildings 436 

Plans  and  specifications 304,  310 

Powers   and   duties 418 

Powers  of  council  over  regulations '. . .  433 

Records 425 

To  regulate  shores  of  streams,  lakes  or  ponds 422 

Reports     • ^25 

Rules  and  regulations 424 

Salary    ^^ 

COMMISSIONER  OF  PUBLIC  SAFETY— 

Appointments,  suspensions,  etc 352 

Chief  of  police 356 

Clerks,  etc.,  bureau  of  general  administration 383 

Employes   for  public   baths 377 

Fire   chief,  assistants,  etc 367 

Health  officers   ^ ' 372 

License  inspector   356 

Policemen,  detectives,   etc 35b 

Police  surgeon   356 

Special  policemen  and  watchmen ^^^ 

Bond •: • •  • ^11 

As  chief  police  and  peace  officer ^^o 

Control   of  department 350 

Control  of  public  baths fj^ 

Custody   of  property • ^^^ 

Details  for  work  under  direction  of  county  attorney ^^4 

Disposition  of  lost  or  stolen  property 363 

Disposition  of  weapons,   etc ^^^ 

Duties  and  powers  as  to  municipal  court  officers ^&» 

Food  inspection,  hotels  and  restaurants 379 

Forms  for  vital  statistics 37d 

General  duties  ^^^ 

General  health  officer 37^ 

General   Health   Powers ^^^ 

Head  of  bureau  of  general  administration ^»^ 

Head  of  bureau  of  police  and  fire  alarm  telegraph •• ^»i 

Inquiries,  witnesses,  evidence ^^^^ 

Jurisdiction  over  lakes  and  water  courses ^^^ 

Powers  and  duties    „gQ 

Public  comfort  stations ^„a 

Removal  of  nuisances   tl '  Y '  *  * ?7q 

Rules  and  regulations  governing  public  baths ^^° 

Salary    051 

Transfer  of   employes •  •  ;  • 'A 

COMMISSIONER  OF  PUBLIC  UTILITIES— 

Abatement  of  smoke  nuisance • 


INDEX.  117 

Section. 

COMMISSIONER  OF  PUBLIC  UTILITIES— Cont. 

Appointments,  assistants  and  employes 446 

Harbor  officers 449 

Approval  of  licenses,  permits,  etc 444 

Bond    51 

Charge  of  water  department 440 

City  lighting 441 

Commissioner  to  bid  on   443 

Equipment .  i 442 

City  markets 448 

City  testing  laboratories 447 

Control  of  municipal  utilities 446 

Control  of  public   utilities 444 

Ex  officio  member  of  water  board 440 

Levees  and  harbors 449 

President  of  board  of  water  commissioners 451 

Report    445 

Salary    45 

COMMISSIONER  OF  PUBLIC  WORKS— 

Administration  of  work-house 335 

Appointments  by 346 

Engineers,  surveyors,  etc 325 

Superintendent  of  construction  and  repairs,  foremen,  laborers,  etc.. .  327 

Superintendent  of  work-house,  guards,  etc 336 

Bond    51 

Chief  engineering  officer 325 

Control  of  department ; 324 

Duties  as  to  sidewalks 280,  282 

Duties  as  to  street  sprinkling .275,  275b 

Duties  in  condemnation  proceedings 269 

Estimates 349a 

General  powers  and  duties 347 

Head  of  bureau  of  construction  and  repairs 327 

Head  of  bureau  of  general  administration 333 

Head  of  bureau  of  sanitation •       331 

Maps  of  drainage  areas 236 

Maps  of  park  districts 237 

Member  of  board  of  water  commissioners 451 

Performance  of  work  by  commissioner 349a 

Plans    and    specifications 310,  349a 

Plat   commission 468 

Record  of  prisoners 338 

Records  as  evidence 185 

Report  to  commissioner  of  finance  as  to  local  improvements 240 

Rules  and  regulations 349 

Salary    , 45 

Transfer  of  employes 347 

COMMISSIONERS  (See  Water  Department.) 

Assignment  as  heads  of  departments 57 

Re-assignment 58 

COMPENSATION   (See  Salaries.) 

For  vacation  of  streets,   etc 129 

COMPROMISE  AND  SETTLEMENT,  Powers  of  council 133 

COMPTROLLER— 

Account  of  city  assets  and  liabilities 93 

Accounts  of  deposits 191 

Annual    reports    ; 73 

Approval  of  emergency  loans 206 

Assistants,  appointment,  salaries 72 

Auditing  assessment  roll 249 

Auditing  claims    77,  94 

Auditing  street  sprinkling  assessments 276 

Bond 51 


118  INDEX. 

Section. 
COMPTROLLER— Cont. 

Business  hours 8 

Cancelling  bonds 224 

Candidates  for  election 21 

To  check  treasury  daily 79 

Civil  service 98,  109a 

Clerical  assistants,  appointment,  salaries   72 

Comptroller  and  treasurer  to  act  in  harmony 71 

As  comptroller  of  departments 88 

Contracts,  delivered  to 314 

Contracts,  duties  as  to  legality 86 

Cost  accounts   97a 

Council  may  audit  claims 97 

Countersigning  certificates  of  indebtedness 23Q 

Countersigning  contracts  of  board  of  water  commissioners 458 

Countersigning    deeds,    leases,    etc 87 

Custodian    of    documents 82 

Daily  report  to  by  treasurer 80 

Daily  reports  to  of  fees  paid  into  treasury 89 

Deputy,  appointment,  salary   72 

Disbursement  of  miscellaneous  receipts 210 

Diversion  of  moneys  prohibited 90 

Duties  as  to  claims ., 95 

Election,   term 5 

Estimates  of  expenditures 200 

Estimates  of  miscellaneous   receipts 210 

Examination   of  departments    73 

Examination    of  securities 61 

Examination  of  securities  in  hands  of  treasurer 85 

Execution  of  contracts  and  leases 315,  316 

Ex  officio,  civil  service  commissioner 76,  98 

Fiscal   year    ;  •  •  •. '^^ 

Forms  for  reports  as  to  administration  of  auditorium 417 

Forms  for  statements  by  franchise  holders 154 

Head  of  accounting  department 68 

Information   to  council 75 

Inspection   of  purchases 300 

Inventories   of  property    93 

To  keep  comptrolling  accounts  for  departments 68 

Member  of  Commission  to  standardize  supplies 296 

Member  of  sinking  fund  committee 62,   85,  220 

Minutes  of  proceedings  of  sinking  fund  committee 220 

Monthly   statement 'J^ 

Names  of  clerks  certified  to 91 

Payment  by  check '^^ 

Forms     ^  J 

Forms  for  school  records 395 

Receipts   for   payments • ^8 

Records  of  documents  and  securities 84 

Record  of  sale  of  certificates  of  indebtedness ^ 229 

Reports  to  of  school  records 395 

Requests  for  appropriations  itemized 92 

Salary ;••••;•••. ,  ^^ 

Securities  deposited  with  city  depositories !«" 

Statement  to  of  deposits ^91 

System  of  accounts   Tt 

To  take  up  evidences  of  indebtedness ° J 

CONDUITS,  powers  of  council 233 

CONSTABLES—  ., 

Bond    •  • ^11 

Conveyance  of  prisoner  to  work-house J**^ 

Election    ^^^ 


INDEX.  119 

Section. 
CONTAGIOUS  AND  INFECTIOUS  DISEASES— 

Powers  of  health  officers 373 

Reports  by  physicians 373 

CONTRACTS— 

Construction  of  buildings 304 

Contractor's  bond,  additional  bond 321 

Advertisements   for  bids 311 

Affidavit  of  contractors  as  to  payment  of  claim 322 

Assignment    323 

Award 313 

Bids,  filing 312b 

Of  board  of  school  inspectors 388 

Bonds  or  checks  with  bids 312 

Claims   under    contracts 95 

Comptroller  as  custodian 82 

Construction  of  sidewalks 280 

Contractor's   bond    320 

Contractor's  liability  for  injuries 319 

Delivery   to   contractor 317 

Duties  of  bureau  of  construction  and  repairs 328 

Duties  of  comptroller  as  to  legality 86 

Effect  of  amendment  of  charter 43a,  474 

Estimates     349a 

Execution 315,  316 

For  city  lighting 443 

For  official  publications 470 

For  public   works 349a 

For  supplies   , .296,  299 

Form,    drafting    314 

Interest  of  officers  and  employes 473 

Let  to  lowest  bidder 308 

Letting  by  council 309 

Opening  bids    , 312a 

Plans  and  specifications  310,  349a 

Powers  of  council  as  to  disputed  demands 133 

Readvertising 318 

Seal 316 

Signing  by  comptroller 315 

Standard   forms    296 

With  board  of  water  commissioners 458 

CONTINGENT  FUND,  Reimbursement  of  Auditorium  fund 415 

CONVENTIONS,  municipal  delegates,  funds  for 200 

CORONER,  reports  of  inquests 373 

CORPORATION  COUNSEL— 

Actions  on  behalf  of  city 179 

Approval  of  form  of  official  bonds 51 

Assistants 177 

To  devote  entire  time  to  discharge  of  official  duties 177 

Duties 178 

Duties  as  to  certificates  of  indebtedness 230 

Duties  as  to  form  of  city  bonds .• 224 

Duties  as  to  initiative  and  referendum  ordinances. 146 

Election    176 

Notice  of  damage  claims 184 

Proceedings  on  bonds  of  depositories 189 

Salary    45 

Special    counsel    178 

Term     176 

CORPORATIONS,  Petition  to  vacate  streets,  etc 129 

CORRECTIONS,  Bureau  of  corrections 335,  345 

COSTS,  Security,  city  exempt  from  giving 181 

COUNCIL  (See  Ordinances,  Resolutions.) 

Administration  of  public  trust 416 


120  INDEX. 

Section. 
COUNCIL— Cont. 

Approval  of  appointments,  architect 431 

Fire   chief 367 

Health  officers    372 

Librarian     401 

Purchasing  agent    283 

Superintendent  of  Parks . . 425 

Superintendent    of   sanitation 346 

Approval  of  award  of  contracts 313 

Auditing  claims 97 

Change  of  ward  boundaries    3 

Comptroller  to  furnish  information 75 

Councilmen,  assignment  as  heads  of  departments 57 

Candidates  for  election -. 21 

Election,  term   5 

Failure  to  vote 114 

Mayor  to  file  charges 59 

Peace  officers    357 

Punishment    112 

Reassignment    58 

Removal     59 

Elections  by  city  clerk 113 

Corporation  counsel   176 

Employment  of  special  counsel 178 

Establishment  of  drainage  districts 236 

Establishment  of  park  districts 237 

To  exercise  duties  or  powers  given  to  common  council 481 

Final  order  for  local  improvements 242 

To  fix  salaries  of  officers  and  employes 45 

To  form  election  districts 7 

Grant   of   temporary   license 150 

How  constituted 110 

Intermediary  order  for  local  improvements 241 

Journal    -.  114 

Letting    contracts    309 

May  establish  weekly  paper 471 

May  prescribe  election  districts 3 

May  provide  for  municipal  reference  library 480 

Mayor,  presiding  officer 55,  110 

Right  to  vote 55 

Meetings    Ill 

Meetings  to  be  public 472 

Mode   of  action 116 

Notice  to  of  damage  claims 184 

Not  to  change  compensation  of  officer  during  term 46 

Order  for  special  election 24 

Recall  election    35 

Orders  for  street  sprinkling 275a 

Powers    126,  133 

Additional     476 

Franchises    ■ 149,  175 

Local  improvements    233,  243 

Official  bonds 51 

Water  department   463 

Restrictions  on   133 

Specific    127 

Preliminary  order  for  local  improvements 240 

Presiding  officer    55,  110 

Signature  of  clerk's  record 114 

Proclamation  calling  election 19 

To  provide  for  representative  to  board  of  equalization 479 

Provisions  for  inspection  and  regulation  of  construction  work 478 

Purchasing  department  regulations 307 


INDEX.  121 

Section. 

COUNCIL— Cont. 

Quorum    ' 112 

Reassessment  or  new  assessment 251,  252 

Records    472 

Removals  by  officers  28 

Teachers  and  principals 390 

Reports  to,  by  commissioner  of  finance  as  to  local  improvements...  '240 

By  commissioner  of  public  utilities 445 

Comptroller    > 73 

As  to  parks,  etc 425 

As  to  public  libraries,  etc 408 

As  to  street  sprinkling 275 

Of  street  sprinkling  assessments 276 

Right  of  members  of  advisory  board  to  be  heard  on  park  and  play- 
ground  business    439 

Rules    112 

Vice  president,  acting  mayor 56,  115 

Election,  term 113 

Votes  necessary  to  vacate  streets,  etc 129 

COUNSEL  (See  Corporation  Counsel.) 

COUNTY  ATTORNEY,  Details  of  members  of  police  bureau  for  work 

under    direction    of 364 

COUNTY  BONDS,  investment  of  sinking  funds 221 

COUNTY  COMMISSIONERS,  Chairman,  appointment  of  members  of 

court  house  and  city  hall  joint  committee 465 

COUNTY   OFFICERS,   Collection  of  delinquent  assessments 261,  267 

Collection  of  street-  sprinkling  assessments 276 

Collection  of  water  frontage  tax 461 

Duties  as  to  city  taxes 213 

COUNTY  PRISONERS,  agreements  for  confinement  in  workhouse. 341,  342 

Powers    of   council 127 

COUNTY  ROADS,  vacation 129 

COUPONS— 

Certificates   of  indebtedness 230 

City   bonds    224 

COURT  HOUSE  AND  CITY  HALL— 

Expense   of  maintenance 465 

Joint  committee,  oppointment,  powers 465 

Claims     96 

CRIMES— 

Acceptance  of  gratuities  by  members  of  bureau  of  police 365 

Commitments  to  work  house  or  jail 180 

Disposition  of  weapons,  etc.,  used  in  commission  of 362 

Escape  from   workhouse 340 

Failure  of  boards  and  members  to  turn  over  books,  etc.,  to  successors  42a 

Failure  of  bystanders  to  aid  in  extinguishing  fires,  etc 369 

Failure  to  give  notice  in  condemnation  proceedings 270 

Gratuities  to  purchasing  agents 306 

Powers  of  council 127 

Violation  of  civil  service  laws  or  rules 109 

Violation  of  health  regulations 373 

Violation  of  provisions  as  to  terms  of  office 44 

Violation  of  regulations  for  water  supply 459 

Work-house    335-345 

CROSS-WALKS,  Appropriation  for  construction 235 

DAMAGES,  for  injuries,  powers  of  council 133 

DEAD  BODIES,  regulation  for  interment  and  removal 373 

DEATH,  of  employes  in  department  of  public  safety 355 

DEEDS— 

Comptroller  as  custodian 82 

Duties  as   custodian 82 

Duties  of  comptroller t . . . .  *7 

Mayor  to   sign 64 


122  INDEX. 

Section. 
DEEDS— Cont. 

Record  of  deeds  where  city  is  party 186 

DEPARTMENT— 

Annual  statements  to  purchasing  agent 292 

Board  of  water  commissioners 452 

Cost   accounts    97a 

Estimates  of  expenditures 200 

Examination   by  comptroller 73 

Heads,  execution  of  contracts  and  leases 316 

Members  of  committee  on  lands 303 

Removal  of  officers  and  employes 477 

Limitation  of  expenditures 205 

Public   safety    350,  384 

Public   works    324,  349 

Purchasing  department   283-307 

DEPOSITORIES— 

Amount  of  deposits   188a 

Bonds    188a 

Deposit  of  securities  in  lieu  of 190 

Lapse    189 

Proceedings  on    189 

Checks  for  withdrawals 188a 

Daily   deposits    188a 

Designation 188a 

Duplicate  deposit  slips  to  comptroller 191 

Interest    192,  193 

Regulation   of  deposits ; 188a 

Withdrawal  of  deposits 188a,  191 

DEPOSITS,  for  installation  of  water  meters 459 

DETECTIVES,   appointment,  compensation 356 

DETENTION  HOSPITALS,  powers  of  health  officers 373 

DISORDERLY  CONDUCT,  powers  of  police 357 

DISPENSARIES,  reports  to  bureau  of  health 373 

DISTRICT  COURT,  appeals  to  in  condemnation  proceedings 271 

Confirmation  and  revision  of  assessments 246,  250 

DISTRICTS— 

Drainage 236 

Election     3,  7 

Park    237 

Police  and  fire   353 

DOCUMENTS,   Comptroller  as  custodian 82 

DRAFTSMEN,  bureau  of  engineers 325 

DRAINAGE,  powers  of  council 233 

DRAINAGE   DISTRICTS,   establishment 236 

DRINKING  FOUNTAINS,  powers  of  council 233 

EASEMENTS— 

Acquisition   of  lands 233 

Adverse  possession  against  ciiy 256 

Condemnation    209,  274 

EDUCATION    (See   Schools.) 

Commisisoner   of  education 385,  417 

ELECTION  DISTRICTS,  council  may  prescribe 3,  7 

Ballots,  form 20 

Party  designation  of  marks  prohibited 20 

Canvass    9 

Certificate  of  presentation,  requirements 13 

Failure  to  elect,  new  elections 36 

General   election  candidates 31 

General  laws  applicable 8 

Informalities     32 

Initiative    and    referendum 134,  137 

Judges  of  the  municipal  court 38a 

Justices  of  the  peace  and  constables 38a 


INDEX.  123 

Section. 
ELECTION  DISTRICTS— Cont. 

Nominations    12,  17 

Notice    23 

Notice  to  officers  of  election _ 9,  49 

Petition  of  presentation,  acceptance  or  withdrawal  of  candidacy 16 

Filing    , 17 

Form 12 

Necessity    •,•••; ^1 

Presentation  and  examination 14 

Preservation 18 

Withdrawal  of  signatures  from  certificate 14 

Officers  created  by  special  laws 6 

Officers  elected,  term 5 

Plurality  of  votes  to  elect 25 

Proclamation    19 

Recall,  call  for  election  to  contain  grounds  for  recall 36 

Effect 42 

General  laws  applicable 40 

Incumbent  removed    38 

Officer  recalled  deemed  candidate  at  recall  election 34 

Officers  recallable   28b 

Order  for  special  election 35 

Other  candidates   37 

Petition,   amendment 33 

Form    30 

Per  cent  of  electors 29 

Presentation  and  filing 32 

Signatures    31 

Petition  of  nomination,  number  of  individual  certificates 37 

Polling  places,  time  of  opening  and  closing : . . . .  39 

Qualification   of  successor 38 

Registration  of  voters 39 

Resignation  after  recall  petition  filed 34 

Time  for  presenting  petition 41 

Voting  lists   39 

Special   elections    24 

Recall    35 

Submission  of  issuance  of  bonds 217 

Tie    votes    25 

To  be  held  under  charter 43 

To  determine  issuance  of  bonds  for  library  building 406 

Vacancies    27 

When    held 4 

ELECTRICITY,  Acquisition  of  lands  for   electric  lighting  and  power 

plant   233 

Conduits,  powers  of  council 233 

ELEVATED  RAILROADS,  Petition  for  construction 160 

EMINENT  DOMAIN— 

Franchises    170 

Lands  for   buildings 303 

Local   improvements 269,  274 

Powers  of  council 127.  233,  234 

EMPLOYES— 

Building  inspectors 432 

Bureau   of  construction   and  repairs 327,  346 

Bureau    of    engineers 346 

Bureau  of  general  administration,  department  of  public  safety 383 

Department  of  public  works 333 

Bureau    of    health 372 

Powers    as    policemen 375 

Bureau    of    sanitation 331,,  346 

City  markets 448 

City    testing    laboratories 447 


124  INDEX. 

—  _        _  Section. 

EMPLOYES— Cont. 

Civil  Service 98,  I09a 

Claims    for    service 95 

Commissioner   of  finance 195 

Of  commissioner  of  public  utilities 446 

Department  of  public  safety,  injuries  or  death  in  service 355 

Transfer    , 351 

Enrollment  of  names  with  civil  service  commission 95 

Extra  compensation 47,  53 

Hours    of    labor 53 

Interest  in  contracts,  etc 473 

Levees  and    harbors 449 

Public   Baths ." 377 

Public    comfort   stations 380 

Public    libraries,    museums,    etc 401 

Receiving  interest  on  city  deposits 193 

Removal 60,  477 

Salaries,  council  to  fix 45,  46 

Schools,    appointment 386,  392 

Compensation 387,  392 

Duties    387 

Hours    of   labor 392 

To    be    residents 109a 

Transfer  by  commissioner  of  public  works 347 

Work-house   336 

ENGINEERS— 

Appointment 346 

Bureau   of  engineers 325,  326 

To  devote  entire  time  to  service  of  city 348 

Sanitary    engineer 331 

For    schools 386,  392 

EPIDEMICS,  powers  of  health  officers 373 

ESCAPES,  from  work-house 340 

ESTIMATES,   of  public   expenditures 200 

Of  revenue 200 

EVENING   SCHOOLS,    establishment. 386 

EVIDENCE— 

Hearings  by  commissioner  of  public  safety 352a 

Records   of  council,  boards,  etc 472 

Records,    printed    compilations,    etc 185 

EXEMPTIONS,  powers  of  council  to  exempt  from  taxes,  etc 133 

FEES,  conveyance   of  prisoners  ^  to  workhouse 343 

Payment   to    treasury  daily 89 

FINES  AND  PENALTIES— 

Action  in  corporate  name  of  city , .  179 

Failure  to  give  notice  in  condemnation  proceedings 270 

Failure   to  pay  water   rates 459 

Imprisonment    for   non-payment •. 180 

Offenses  by  franchise   holders 154 

Powers    of    council 127 

Violation  of  health  regulation 373 

Violation  of  rules  governing  parks 424 

FIRE  CHIEF— 

Appointment    367 

Assistant,  appointment,  salary,  term 367 

Powers    369 

Salary    45,  367 

Term    367 

FIRE   DISTRICTS,    establishment 353 

FIRE  LIMITS,  powers  of  council 127 

FIRE  MARSHAL,  commissioner  of  public   safety 367 

FIREMEN— 

Additional  duties 371 


INDEX.  125 

Section. 

FIREMEN— Cont. 

Appointment,    compensation 367 

Eligibility    370 

Injuries  or  death  in  service 52,  355 

Police    powers 368 

For  schools 386 

Transportation    on    street   railroads 165 

FIRE  PROTECTION,  BUREAU  OF— 

Additional  duties 371 

Captains,    employes,    etc 367 

FIRE  PROTECTION.  BUREAU  OF— Cont. 

Commissioner  of  public  safety  as  fire  marshal 367 

Commissioner  of  public  safety,  as  head  of  bureau 367 

Compensation    367 

Eligibility 370 

_    Fire  chief,   appointment,  salary 367 

Assistant,  appointment,  salary 367 

Powers 369 

Police  powers 368 

FIRES— 

Bureau  of  police  and  fire  alarm  telegraph 381,  382 

Powers  of  fire   chie!,  etc 369 

Duties  of  commissioner  of  parks,  playgrounds  and  public  buildings..  432 

Water    supply 460 

FISCAL  YEAR,  departments 70 

FOOD,    inspection 379 

FORFEITURES— 

Action  in  corporate  name  of  city 179 

Failure  to  obey  summons  of  police  officers 357 

Franchises   154,  158 

Office  of  purchasing  agent 306 

FORMS— 

Certificates  of  indebtedness 230 

City  bonds 224 

Comptroller   to    prepare 69 

Reports  as  to  administration  of  auditorium 417 

Reports  of  school  records 395 

Vital    statistics 373 

FRANCHISES— 

Abandonment    163 

Acceptance  of  charter  provisions 157 

Additional  restrictions 162 

Amendment    151 

Condemnation  provisions 170 

Conduits 166 

Cost    of    bridges 164 

Designation  of  streets,   etc 152 

Duration 149,  150 

Exclusive  franchises  prohibited 149 

Extension,    modification   or  change 156 

Forfeiture 154,  158 

Grantee's  agreement 156 

Grants   by  implication  prohibited 152 

Gross  earnings,  annual  license  fee 155 

Statement   154 

Laws  governing 150 

Limit    of    grant 163 

Loans    on 171 

Necessity  of  grant 159 

No   part   of   capital 152,  170 

Objections    to   regulations 174 

Poles  on  streets,  etc 166 

Powers  of  council  as  to  existing  franchises 168 


126  INDEX. 

Section. 
FRANCHISES— Cont. 

Powers   of  council  not  specified 175 

Publication   of   ordinances 153 

Referendum   150 

Regulation    of    charges 154 

Regulation  of  service 167 

Relative  rights 173 

Sale 172 

Steam  and  elevated  railroads 160 

Street  maintenance  duties 161 

Street  railroads,  transportation  of  firemen,  etc 165 

Terms   of  grants 152 

Time    for    renewal 151 

GARAGES,  powers  of  council 127 

GARBAGE,   bureau   of  sanitation 331,  332 

GARBAGE  PLANTS,  Acquisition  of  lands  for 233 

GAS,  lateral  connections 238 

GAS  PLANTS,  Acquisition  of  lands  for 233 

GIFTS— 

For  auditorium 416 

Of  lands  beyond  city  limits  for  parks,  etc 428 

For   parks,    etc 419 

To  purchasing  agent,  etc 306 

GRADE    SCHOOLS,    establishment 386 

GRATUITIES,  to  members  of  bureau  of  police 365 

To  purchasing  agent,  etc 306 

GROSS    EARNINGS,  tax  on  franchise 154,  155 

GUARDS,   contractors  to  guard  work 319 

Work-house     .' 336 

HARBORS— 

Control  of  commissioner  of  public  utilities 448 

Lands  for 233 

Officers    449 

HEALTH— 

Bureau  of,  composition . .  . .  : 372 

Bureau    of    sanitation 331,  332 

Duties    of   police    officers 361 

Employes,  powers  as  policemen 375 

Enforcement  of   sanitary  laws 373 

General   health   powers 373 

Nuisances,   abatement 373,  374 

Powers  of  council 127 

Public  Baths 376,  378 

Officers,  appointment,  terms,  salaries 45,  372 

General    powers 372 

Sanitary  advisor  of  city  officers 372 

Transportation  on  street  railroads 165 

HEATING,  control  of  commissioner  of  public  utilities 444 

HIGH    SCHOOLS,   establishment 386 

HIGHWAYS— 

Acquisition    of   lands    for .• 233 

Injuries  from  defects,  notice  of  claim  for  damages 184 

Powers    of   council 128 

Vacation    129 

HOSPITALS— 

Acquisition   of    lands    for 233 

Detention    hospitals 373 

Laws  continued    in  force 466 

Reports  to  bureau  of  health 373 

HOTELS,    Inspection 379 

HOURS  OF  LABOR,  officers  and  employes 53 

School    employes 392 

IMPROVEMENTS  (See  Public  Improvements.) 


INDEX.  127 

Section. 

INDEX,  volume  of  ordinances 124 

INITIATIVE  AND  REFERENDUM— 

Ballots 142 

Conflicting  ordinances 144 

Duties  of  corporation  attorney 146 

Enacting  clause  of  ordinances 147 

Initiative,    number   of  petitioners 134 

Petition 135 

Submission  to  voters 136 

Items  or  sections  of  ordinances 148 

Number  of  ordinances  submitted  at  same  election 143 

Number  of  votes  required 144 

Ordinances   defined 145 

Referendum,    budget   ordinance 140 

Franchise  ordinance 150 

Number  of  petitioners 137 

Petition   138 

Publication   of   ordinances 139 

Repeal  of  ordinance  approved  by  voters . . .  .* 141 

Voluntary  reference 140^^ 

INJUNCTION,  against  civil  service  commissioner 105 

INSPECTION— 

Of  books  and  records  of  franchise  holders 154 

Of    buildings 437 

Of  city  work  by  comptroller 75 

Construction    work 478 

Hotels,    restaurants,   etc 380 

Of  purchases 300 

INSPECTORS— 

Advisory  school  inspectors 398 

Building  inspectors 431,  432,  435 

City   testing   laboratories 447 

Medical  inspectors  for  schools .' 386 

INSURANCE  POLICIES,  comptroller  as  custodian 82 

INTEREST— 

Bonds,  library  building 406 

Local  improvements 278 

Water    supply 464 

Certificates   of  indebtedness 227,  228 

Deposits   192,  193 

Deposits  on   installation  of  water  meters 459 

Local    assessments '. 2*60,  263 

INTERURBAN   RAILROADS,  cost  of  bridges 164 

INTOXICATING  LIQUORS,  powers  of  council 127 

INVESTMENTS,  Surplus  moneys  in  certificates  of  indebtedness 232 

Sinking  fund 221 

JAILS,  commitments 180 

Work-house 335-345 

JANITORS,  public  libraries,  museums,  etc 401 

Schools  386,  392 

JUDGES,  competency  of  inhabitants 182 

Municipal  court,  election,  term t 28a 

JUDGMENT,  against  property  for  local  improvements 247 

On  appeal  in  condemnation  proceedings 271 

JURY,  competency  of   inhabitants 182 

JUSTICES  OF  THE  PEACE— 

Bond 51 

Competency  of  inhabitants 182 

Election     .- 28a 

Sentences  to  work-house 339,  342 

KINDERGARTENS,    establishment 386 

LABORATORIES,  city  testing  laboratories 447 


188  INDEX. 

LAKES-  -  ^''="°"- 

Jurisdiction  over,  of  commissioner  of  public  safety 373 

Powers  of  commissioner  of  parks,  play  grounds,  and  public  buildings  422 

Regulation    of    shores 422 

LAND,    purchase 302'  303 

LEASES— 

Duties    of    comptroller 87 

Franchise    172 

Interest  of  officers  or  employes 473 

Levees 130 

Library  property 405 

Mayor   to    sign 64 

Park  privileges 418 

LEVEES— 

Acquisition  of  lands  for 233 

Bureau  of  construction  and  repairs 327,  328 

Control  of  commissioner  of  public  utilities 448 

Lease    130 

Lighting 341,  443 

Power   of  council 127 

LIBRARIAN— 

Appointment    401 

Duties    401 

Eligibility    401 

Salary     401 

LIBRARIES— 

Acquisition  of  lands  for 233 

Advisory  board 411 

Assistants  and  employes .' . .  401 

Branch  libraries 403 

Control  of  expenditures     404 

Control  of  property , 404 

Defacing  property,  punishment 409 

Donations,    conditions 410 

Free  use    407 

Librarian     401 

Library  building 405 

Bonds 406 

Library  fund 405 

Municipal  reference  library 480 

Persons  excluded 407 

Powers  of  commissioner  of  education 400 

Report  to   council 408 

Revenues 215 

Rules  and  regulations 402 

Tax  Levy 412 

Use  by  non-residents 407 

LICENSES— 

Exemptions,  powers  of  council 133 

As   financial   forms 69 

Laws  governing 150 

Powers    of   council 127 

To  public  utility  owners  or  operators 444 

Renewal 150 

LICENSE   INSPECTOR,   appointment,   salary 356 

Duties    359 

LIENS— 

Assessments 259 

Cost  of  removing  nuisances 374 

Water  frontage   tax 461 

Water  rates 459 

LIGHTING— 

Bids  by  commissioner  of  public  utilities 443 


INDEX.  129 

Section. 
LIGHTING— Cont. 

Control  of  commissioner  of  public  utilities ^ 441,  443 

Powers  of  council 23a 

LIGHTING  PLANTS,  powers  of  council 127 

LIGHTS,  duties  of  police  officers 361 

Duty  of  contractors 319 

LIMITATION— 

Amount  of  certificate  of  indebtedness 27S 

Bonded   indebtedness 217 

Cost  of  schools .• 394 

Expenditures   201 

LOANS— 

Emergency 205 

On  franchise 171 

Of  public  moneys  or  securities 187 

Temporary  loans  for  departments,  officers,  etc 205 

Text-books 386 

LOCAL  IMPROVEMENT  (See  Public  Improvements.) 

LODGING   HOUSES,   inspection 379 

LOST  PROPERTY,  disposition  of  by  commissioner  of  public  safety 363 

LOTS,   alteration  or  division,  assessments 264 

MAIL  CARRIER,  transportation  on  street  railroads 165 

MANUAL  TRAINING  SCHOOLS,  establishment ; 386 

MAPS,  of  drainage  areas 236 

Of  park  districts 237 

MARKETS— 

Control  of  commissioner  of  public  utilities 448 

Employes    • 448 

Lands  for 23.3 

Powers    of   council 127 

MAYOR— 

Acting  mayor 55 

Appointments  by,  members  of  court  house  and  city  hall  joint  com- 
mittee    465 

Plat    commission 46^ 

Purchasing    agent 283 

Approval  of  emergency  loans 206 

Approval  or  veto  o£  ordinances  or  resolutions , 121 

Appropriation    ordinance 122 

Assignment  of  department  heads 57 

Reassignment    : 58. 

Calling  special  council  meeting. ...ii 

Candidates  for  election 21 

Clerical   assistants 66 

Consent  to  suspension  of  civil  service  rules 102 

Duties    , 54 

Election,    term 5 

Examination   of   securities 61 

Execution  of  instruments,  bond  on  appeal 181 

Bonds 221 

Certificates  of  indebtedness 230 

Contracts    316 

Deeds,    leases,    etc 64,  316 

Examination  of  securities  in  hands  of  treasurer 85 

Membership  on  boards  and  committees,  board  of  equalization 63 

Court  House  and  city  hall  joint  committee 465 

Commission  to   standardize   supplies 296 

Committee    on    lands 303 

Sinking   fund   committee 62,  220 

Names  of  clerks  certified  to. . 91 

Notice  to  of  default  of  depository. .  . .' 189 

Other  powers  and  duties 67 

Peace   officer 357 


130  INDEX. 

Section. 

MAYOR— Cont. 

President  of  council» 55,  110 

Proceedings  for  removal  of  non-elective  officers 60 

Process  served  on 65,  183 

Qualifications     54 

Removal  of  principals  and  teachers. 390 

Reports  to,  by  civil  service  commissioner 101 

By  commissioner  of  public  utilities 445 

Of   school    records 395 

Right  to  vote  in  council  meetings 55 

Salary 45,  66 

Veto  of  terms  of  ordinances 204 

Vice-president  of  council  as  acting  mayor 115 

MAYOR'S  SECRETARY,  bond 51 

Employment,  salary 66 

MEDICAL  INSPECTORS,  for  schools 386 

MEETINGS,  of  council,  boards,  etc 472 

MIDWI VES,  reports  of  births 373 

MUNICIPAL  COURT— 

Judges,    election,    term ^°a 

Laws  continued  in  force "^^o 

Other  powers  and  duties 67 

police 358 

MUSEUMS—  „„ 

Acquisition  of  lands  for J^^ 

Assistants  and  employes ^"^ 

Control  of  expenditures ^nl 

Control  of  property • ^w 

Donations,    conditions ^^^ 

Free  use ^Qg 

Library  building ^^^ 

Library  fund .....•: y'\"''' 400 

Powers  of  commissioner  of  education ^^^ 

Reports   to  council ^^2 

Rules  and  regulations *  ^^^ 

Tax  Levy .••'*, i-' '  ' '  re* '  11 qfi? 

NATIONAL  GUARD,  summoning  by  police  officers ^o ' 

NEGLIGENCE,  notice  of  damage  claims. 

NEWSPAPERS,  council  may  establish  weekly  paper *^J 

Official   publications ^OQ 

NOTES,  emergency  loans 33 

Payment,    surrender /;.•  " ;.;' '  " '• 407 

NONRESIDENTS,  use  of  public  libraries 

NOTICE—                                                                                                          ...  374 

i^?r:nl  f^Jr^fin^^^nrof 'county  pnio^^eiVin-w^i^^^^^       341 

Appeal  from  confirmation  of  assessment ^^^ 

Appeal  in   condemnation  proceedings 

Confirmation  of  award  in  condemnation  proceedmgs •  ^J^ 

Condemnation    proceedings '..']...  184 

Damage  claims 23 

Elections 139 

Referendum   :  ' '  * ;  •. '^L'^ll 241 

Hearing  on  order  for  local  improvements ^^  ^g 

To  officers  elected •  •  •  •  • _  ,'  32 

To  officers  sought  to  be  recalled 26q 

For  payment  of  assessments ;^29 

Petition  to  vacate  street,  etc • _  ^  246 

Proceedings  to  confirm  assessment ^  ^  ^  28 

Proceedings  for  removal  from  office ^  _  274 

Sale  of  buildings  on  lands  condemned •••• ^^^ 

Special  council  meetings 


INDEX.                         .  131 

Section. 

NUISANCES,    abatement 233,    373,  374 

Powers  of  council 132  233 

NURSES,  for  schools '  386 

OATHS— 

Authority  to  administer,  civil  service  commissioner » 106 

Commissioner   of  public   safety 352a 

Officers 48 

OFFICERS— 

Annual  statement  to  purchasing  agent 292 

Appointment    475 

Bonds 51 

Civil  service 98,  109a 

Comptroller's   accounts 71 

Creation  of  new  salaried  officers  prohibited 133 

Deputies,  bonds 51 

Bonds  to  cover  acts  of 51 

To  devote  entire  time  to  service  of  city , 45 

Elections 4,  28 

Estimates  of  expenditures 200 

Extra    compensation 47,  53 

Failure   to  qualify 50 

Failure  to  use  forms 69 

Fees,  payment  into  treasury 89 

Forfeiture  of  office,  failure  to  furnish  bond 51 

General  duties 53 

Harbor  officers 449 

Hours   of   labor 53 

Incurring  liability  beyond  appropriation 205 

Interest   in  contracts,    etc 473 

Notice   of  election 9,  49 

Oaths   48 

Recall    elections 28b,  42 

Receiving  interest  on  city  deposits 193 

Removal  from  office 28,  497 

Reports  to  comptroller 75 

Resignation  after  filing  of  recall  petition 34 

Salaries    45 

Council  to  fix 45,  46 

Limitation   of  amount 45 

Uniformity  in  department 53 

Termination  of  terms 44 

Terms   of  office 53 

To  be  voters 109a 

Vacancies   27 

Failure  to  qualify 50 

OPTIONS— for  purchase  of  lands 303 

ORDERS— 

Confirming   local    assessments 247 

For   local   improvements 240,  242 

Payment,    surrender .- 83 

ORDINANCES— 

Administrative 118 

Appropriations    ". 117 

Approval   or  veto 122 

Defined 118,  145 

Enacting  clause 117 

Enactment 117,  120 

Effect  of  amendment  of  charter 474 

Fixing  salaries  of  officers  and   employes 46 

Initiative  and  referendum 134,  148 

Mode  of  action  by  council 116 

Passage  over  veto 121,  122,  204 

Printed  compilations  as  evidence 185 


132  INDEX. 

Section. 

ORDINANCES— Cont. 

Publication  123 

Publication  in  volumes 124 

Repeal  of  ordinances  approved  by  voters 141 

Repeal  of  referendum : 137 

Revision    125 

Subject-matter  and  title 117 

Time  of  taking  effect 137 

Veto   121 

Veto   of   terms 204 

Votes  necessary 120 

PARENT  AND  CHILD,  compensation  to  minor  children  of  policemen 

killed  in  service 355 

PARKS  (See  Commissioner  of  Parks,  Playgrounds  and  Public  Buildings.) 

Acquisition   of  lands   for 233,  419 

Beyond   city   limits 428 

Advisory  Board 439 

Alienation  of  lands  prohibited 423 

Bureau  of  construction  and  repairs 327,  328 

Commissioner  of  parks,  playgrounds  and  public  buildings 418,  439 

Control   of 418 

Employes,  appointment 426 

Funds,  accounts : 425 

Expenditures    from 418,  421 

Injuries  from  defects,  notice  of  claim  for  damages 184 

Laying  of  sewers,  etc 427 

Lighting   441,  443 

Police    officers 366,  426 

Powers    of    council 233 

Privileges,  lease 418 

Regulation  of  shores  of  lakes,  streams  and  ponds 422 

Rules  governing 424 

PARK  WAYS^ 

Acquisition  of  lands  for 419 

Beyond  city  limits 428 

Bureau   of  sanitation 332 

Control    of 418 

Laying  of  sewers,  etc 427 

PATENTS,  purchase  of  patented  articles 290 

PAVING  PLANTS,  powers  of  council 127 

PAYMENT,  water  rates 459 

PEACE  OFFICERS— 

Commissioner  of  public  safety  as  chief  officer 356 

Councilmen    357 

Mayor    357 

PENALTIES  (See  Fines  and  Penalties.) 

PERMITS— 

For    buildings 436 

To  public  utility  owners  or  operators 444 

In  streets,  powers  of  commissioner  of  public  works 347 

Pl^RSONAL  INJURIES,  employes  in  department  of  public  safety 355 

Reports    by   police   officers 361 

PETITION— 

Presentation 12,  18 

Presentation  12-18 

Recall  elections 29,  33 

Referendum   135 

Remonstrance  against  local  improvements ,. 243 

Vacation  of  streets,   etc 129 

PHYSICIANS  AND  SURGEONS— 

Appointment  as  health  officers 372 

Medical  inspectors  for  schools 386 

Police  surgeon,  appointment,  compensation 356 


INDEX.  133 

Section. 
PHYSICIANS  AND  SURGEONS— Cont. 

Reports  of  births  and  deaths , 373 

Reports  of  contagious  diseases 373 

PLAT  COMMISSION,   appointments 468 

Laws  continued   in  force 466 

PLAYGROUNDS    (See    Commissioner    of    Parks,    Playgrounds    and    Public 
Buildings.) 

Acquisition   of  lands   for 233,  419 

Beyond   city   limits 428 

Advisory   Board j 439 

Commissioner  of  parks,  playgrounds  and  public  buildings 418,  439 

Control  of 418,  438 

Funds,  expenditures 418 

Laying  of  sewers,  etc 427 

Lighting   441,  443 

Police  and  employes 426 

School  play  grounds 482 

PLEADINGS,  on  appeal  in  condemnation  proceedings 271 

POLICE— 

Appointment,    compensation 356 

Appointment  of  women 356 

Bureau,   compensation 356 

Detail  of  members  for  work  under  directron  of  county  attorney.. ..  364 

General    duties.. 361 

Gratuities  to  members 365 

Members  as  peace  officers 357 

Bureau  of  police  and  fire  alarm  telegraph  composition 381 

Powers  and  duties  382 

Chief,  appointment   366 

Powers     357 

Salary 45,  356 

Districts,  precincts  and  stations 353 

Eligibility   360 

Enforcement  of  rules  concerning  truants 397 

Gratuities 365 

Injuries  or  death  in  service 355 

Municipal  and  court  officers 358 

Park  police 366,  426 

Police  powers  of  members  of  bureau  of  fire  protection.. 368 

Powers    357 

Powers  of  health  officers 375 

Salaries  of  incapacitated  police  officers 52 

Special  policemen  and  watchmen 356 

Transportation  on  street  railroads 165 

Workhouse    employes    336 

POLICE  AMBULANCE,  equipment  and  maintenance 353 

POLICE  DISTRICTS,   establishment 353 

POLICE  SURGEONS,  appointment,  compensation 356 

Certificate  of  disability  of  firemen  or  police  officers 52 

POLITICAL  ACTIVITY,  civil  service  officers  and  employes 108 

POLITICAL  AFFILIATIONS— 

Acceptance  of  candidacy  not  to  disclose 16 

Civil  service  107 

Voters  at  recall  election  not  to  be  questioned  as  to 39 

POLITICAL  PARTIES,  designation  on  ballots  prohibited 20 

POPULATION,  per  capita  limitation  of  expenditures 201 

For  Schools    394 

POUNDS,  powers  of  council 127 

POWER,  control  of  commissioner  of  public  utilities 444 

PRECINCTS,  police  and  fire  precincts 353 

PREFERENCE,  hearings  on  appeal  in  condemnation  proceedings 271 

PREMIUMS,  on  official  bonds 51 


134  INDEX. 

Section. 
PRINTING— 

Annual  report  of  comptroller , 73 

Monthly  statement  of  comptroller 74 

Ordinances    123 

PRIORITIES,  liens  for  assessments  and  taxes 259 

PRISONERS,  work-house 335,  345 

PRISONS,  reports  to  bureau  of  health 373 

PRIVILEGES,  to  public  utility  owners  or  operators 444 

In  streets,  powers   of  commissioner  of  public  works 347 

PROCESS,  service  on  mayor 65,  183 

PROCLAMATION,  of  elections 19 

PROMOTIONS,  in  department  of  public  safety 353 

PUBLICATION— 

Bids  for  supplies 297 

Council  may  establish  weekly  paper 471 

Franchise  ordinances 153 

Notice    for    payment   of    assessments 260 

Notice  of  proceedings  to  confirm  assessments 246 

Official  publications    470 

Ordinances   123 

Resolutions  vacating  streets,  etc 129 

Sale  of  buildings  on  lands  condemned , .  . .  274 

PUBLIC  BATHS— 

Commissioner  of  public  safety  to  have  control  of 376 

Employes,   appointment,  compensation 377 

Rules    378 

PUBLIC  BUILDINGS  (See  Auditorium,  Commissioner  of  Parks,  Play- 
grounds and  Public  Buildings.) 

Acquisition  of  land  for 233 

Architect,   appointment    431 

Consulting  or  designing   architect    J04 

Duties    304,  434 

As  superintendent  434 

Commissioner  of  parks,  playgrounds  and  public  buildings. 418,  439 

Construction     i 304 

Inspection 435,  437 

Library   building    405 

Bonds     406 

Lighting   441,  443 

Repairs 305 

BY-LAWS,  government  of  work-house 335 

PUBLIC  GROUNDS. 

Injuries  from  defects,  notice  of  claim  for  damages 184 

Powers  of  council    127,  233 

Vacation    129 

PUBLIC  IMPROVEMENTS  (See  Assessments,  Public  Works.) 

Assessments    244,  257 

Collection    258,  268 

Deferred  installments    278 

Delinquent   assessments   or    installments 279 

Building  lines 234 

Bureau  of  construction  and  repairs 327,  328 

Certificates  of  indebtedness 278 

Changes  or  modifications 254 

Condemnation  of  property   223,  234 

Appeal     271 

Awards    269 

Confirmation    270 

Consummation    272 

Effect  272 

Pleadings,    appraisal,    removal 274 

Record  of  lands  condemned 273 

Report   •  • .  •  269 


INDEX.-  135 

Section. 

PUBLIC  IMPROVEMENTS— Cont. 

Sketch,  plan  or  profile 269 

Witnesses 269 

Contracts,    signing    315 

Cost  of,  how  paid  236 

Delinquent    assessment    fund    279 

Drainage  districts   236 

Duties  of  commissioner  of  finance 240 

Final  order    ^ 242 

Intermediary    order    241 

Hearing  on    242 

Joinder  of  several  improvements 235 

Lateral  sewer,  water  and  gas  connections 236 

Non-assessable    improvements 257 

Park  districts    . .  . ._ 237 

Pending  proceedings    268 

Permanent  improvement  revolving  fund 278 

Petition  of  remonstrance 243 

Plans,  specifications  and  estimates 349a 

Powers  of  council 127,  233 

Preliminary  order    240 

On  private  property  253 

Proceeds  of  sales  of  certificates 279 

Repairs 233 

Sidewalks   280,  282 

PUBLIC   LIGHTING   (See   Lighting.) 

PUBLIC   MONEYS  AND  SECURITIES    (See   Bonds,  Certificates  of 
Indebtedness,  Commissioner  of  Finance,  Comptroller,  Depositories.) 

Auditorium  revenues 215 

Bonds    216,  224 

Increase,    payment    216 

Limitation    of    indebtedness    217 

Payment 83 

Water    supply    217,  464 

Custody 187 

Diversion  of  moneys  prohibited 90 

Estimate  of  revenues 200 

Expenditures,   budget   estimates    :... 200 

Comptroller's  report  of  estimates 202 

Council  to  fix  amount   .- 203 

Emergency   fund    200 

Limitations 201,  205 

Particular   funds,   assessments    for 200 

Per   capita  limitations    201 

Temporary  loans   205 

Unexpended  balance 207,  203 

Veto  of  items  of  ordinance 204 

Financial   forms    69 

Fiscal  year 70 

Investment  of  surplus  in  purchase  of  tax  levy  certificates 232 

Library    revenues    215 

Loans 187,  205 

Miscellaneous  receipts  210 

Revenues  of  water  department  to  be  kept  separate 214 

School  revenues   215 

Tax  levy  ^certificates 225,  232 

Transfer  of  funds   208 

Unexpended  balance    207,  209 

PUBLIC  NOTICE  (See  Notice.) 

PUBLIC  PARKS  (See  Parks.) 

PUBLIC  PROPERTY— 

Adverse  possession  against  city • 256 

Custody,    preservation,    etc 354 


136  INDEX. 

^  Section. 

PUBLIC  PROPERTY— Cont. 

Powers  of  council  127 

PUBLIC  SAFETY  (See  Commissioner  of  Public  Safety.) 

Bonds  of  officers  and  employes 352 

Bureau  of  fire  protection 367,  371 

Additional  duties  371 

Commissioner  as  ex-officio  fire  marshal 367 

Commissioner  as  head  of  bureau 367 

Composition     367 

Eligibility 370 

Fire  chief,  assistants,  etc 367 

Fire   chief,   powers : 369 

Police  powers   368 

Bureau  of  general  administration,  composition 383 

Powers  and  duties 384 

Bureau  of  health 372,  378 

Composition 372 

Employes,  police  powers 375 

General  powers    373 

Nuisances,  removal   374 

Bureau  of  police  and  fire  alarm  telegraph,  composition 381 

Powers  and  duties    382 

Bureau  of  police 3.56,  371 

Composition     356 

Details  of  work  under  direction  of  county  attorney 364 

Disposition  of  weapons   362 

Eligibility    360 

General  duties 361 

Gratuities 365 

License    inspector 359 

Lost  or  stolen  property   360 

Municipal  court  officers 358 

Park  police 366,  426 

Powers  of  police   357 

Composition  of  department 350 

Control   of  department    .". 350 

Department    established 350 

Employes,  temporary  transfer    351 

Food  inspection   379 

Hotels  and  restaurants    379 

Injuries  and  death  in  service 355 

Inquiries  by   commissioner    352a 

Public  Baths 375,  378 

Public  comforts  station 380 

PUBLIC  SERVICE  CORPORATION,  (See  Franchise.) 

Franchises   149,  175 

PUBLIC  UTILITIES,   (See  Commissioner  of  Public  Utilities.) 

Access  to  books,  etc.,  of  holders,  operators,  etc 444 

City   lighting 441,  443 

City  markets    448 

City   testing  laboratories    447 

Commissioner    440,  449 

Commissioner  to  control 444 

Levees  and  harbors    449 

Report  of  commissioner   , 445 

PUBLIC  WORKS,  (See  Commissioner  of  Public  Works). 

Bureau  of  bridges,  composition 329 

Duties ; 330 

Bureau  of  construction  and  repairs,  composition 327 

Duties    • 328 

Superintendent,    appointment    . .  ,. 346 

Bureau  of  corrections 335,  345 

Administration    335 


INDEX.  137 

PUBLIC  WORKS— Cont.  Section. 

Agreements  of  county  board. 341,  342 

Compensation  for  care  of  prisoners 344 

Compensation  of  sherifiF  for  board  of  prisoners 345 

Diminution   of   sentences 338 

Duties  of  sheriff,  etc 343 

Employes     336 

Escapes     > 340 

Sentence  to  work-house 339 

Superintendent 337 

Work-house     335 

Bureau  of  engineers 325,  326 

Chief   engineer,    appointment 346 

Composition 325 

Duties    326 

Surveyors,  etc.,  appointment  346 

Bureau  of  general  administration,   composition 333 

Duties 333,  334 

Bureau  of  sanitation,  composition 331 

Duties 332 

Employes,  appointment 346 

Superintendent,   appointment    346 

Bureaus   324 

Appointments  by   commissioner    346 

Department,  bureaus    324 

Commissioners  to  have  control  of 324 

Establishment,   composition    324 

Employes,  duties 348 

Transfer 347 

General  powers  and  duties  of  commissioner 347 

Injuries  from  defects,  notice  of  claim  for  damages 184 

Plans,    specifications    and    estimates 349a 

Rules    and    regulations    349 

PURCHASING  AGENT— 

Accounts     295 

Advertisements,  bids  and  awards 297 

Appointment    283 

Assistants  and   employes    284 

Bond    51 

Claims  for  supplies  95 

Custody  of  standards  or  samples 296 

Deputy,   appointment,  duties,  .compensation 284 

Filing  bids   312b 

General  powers    285 

Gratuities 306 

Member  of  Commission  to  standardize  supplies 296 

Member  of  committee  on  lands 303 

Other   duties    295 

Price  record 294 

Purchase  of  materials  for  public  work 394a 

Purchase  of  standard  articles 293 

Rejection  of  bids  298 

Sale   of  goods  manufactured  at  work-house 335 

Sale  of  materials   301 

PURCHASING  DEPARTMENT— 

Advertisements,  bids  and  awards 297 

Annual  statement  of  supplies 202 

Appropriation    limits    286 

Awards  of  contracts  299 

Bulk,  buying    289 

Commission  to  standardize  supplies   296 

Compulsory  requisites  288 

Condemnation    of    lands 303 


138  INDEX. 

Section. 

PURCHASING  DEPARTMENT— Cont. 

Contracts 297 

Contracts  let   to  lowest  bidder 308 

Council    regulations    , 307 

Erection  of  buildings 304 

Establishment     283 

Inspection  of  goods    300 

Permanent   improvement   and   repairs 302 

Purchase  of  lands   303 

Purchase  of  patented  articles ^^o 

Purchases  in    emergencies    291 

Repair  of   buildings    305 

Requisitions    287 

QUARANTINE,  powers  of  health   officers 373 

QUARRIES,    general    powers    and    duties    of   commissioner    of    Public 

Works     347 

RAILROADS— 

City  exempt  from  liability  from  railroad  accidents 128 

Petition  for  construction    160 

Quarantine   of   trains 373 

READING  ROOMS— 

Free  use 407 

Powers  of  commissioner  of  education  400 

Reports  to   council    408 

RECALL,    elections    28b,  42 

RECEIPTS,  for  payments  into  treasury 78 

RECORDS— 

Of  deeds  where  city  is  party. 186 

Of  commissioner  of   finance 194 

Of  council,   boards,   etc 472 

As  evidence    185 

School   attendance,    teachers 395 

REFERENCE,  municipal  reference  library 480 

REGISTER  OF  DEEDS,  record  of  lands  condemned 273 

Record  of  resolution  vacating  streets,  etc 129 

REGISTRATION,  vital  statistics    373 

RELEASE,  of  claim  for  injuries  to  firemen  or  police  officers 52,  355 

Surety  on  bonds  of  contractors 320 

REMONSTRANCE,  against  local  improvements 243 

REMOVAL— 

Buildings    on  lands  condemned 274 

Councilmen    50 

Non-elective  officers  and  employes 60 

Officers  and  employes  by  heads  of  departments 477 

Officers,    reappointment    42 

REPORTS— 

Annual   report   of   comptroller 73 

Annual  reports  to  council  as  to  administration  of  auditorium 417 

Of  commissioner  of  public  utilities    445 

To  comptroller  as  to  fees 89 

To  comptroller   as  to  parks,  etc 408 

To  council  as  to  public  libraries,  etc 408 

To  Mayor  by  civil  service  commissioner 101 

Of  officers  to  comptroller ^5 

Of  police   officers    361 

Of  school  records  to  mayor  and  comptroller 395 

RESERVOIRS,  bureau  of  construction  and  repairs 327,  328 

RESIGNATION,  after  filing  of  recall  petition 34 

Of   Officers,  reappointment    42 

RESOLUTIONS— 

Vacation  of  streets  ]tl 

Effect  of  amendment  of  charter 474 

Enactment    ^^^ 


INDEX.  139 

Section. 
RESOLUTIONS— Cont. 

Mode  of  action  by  council H6 

Publication 123 

Veto   121 

Votes  necessary  120 

RESTAURANTS,  inspection   379 

REWARDS,  to   members  of  bureau  of  police 365 

RIOTS,    powers    of  police 357 

SALARIES— 

Accountant    72 

Architect 431 

Assistant  fire  chief  367 

Auditor    72 

Bookkeper    72 

Building  inspector    431,  432 

Chief  engineer, 325 

Chief  of  police 356 

Civil    engineer    72 

Comptroller's   assistants    72 

Deputy  commissioner  of  finance   188 

Deputy  comptroller    72 

Extra  compensation   47 

Fire  chief    367 

Health  officers    372 

Incapacitated  firemen  or  police  officers 52 

Increase  by  council  prohibited i 133 

Librarian    401 

License  inspector 356 

Mayor    66 

Mayor's  clerical   assistants    66 

Mayor's  secretary    66 

Officers    45 

Officers  not  fixed  by  charter 46 

School  employes    387 

Secretary  to  commissioner  of  parks,  play  grounds  and  public  build- 
ings   425 

Superintendent  of  parks   • 425 

Superintendent  of  school  buildings 391 

Superintendent  of  schools 389 

SALES— 

Buildings  on  lands  condemned 274 

Certificates  of  indebtedness 225,  228,  229,  231,  278 

City  markets    448 

To  city  interest  of  officers  and  employes 473 

Franchises    *. 172 

Goods  manufactured  at  workhouse 335 

Local   improvement  certificates 267 

Lost  or  stolen  property 363 

Materials  by  purchasing  agent -. 301 

Purchasing  departrnent    283,  307 

Text-books 386 

Weapons    .' 362 

SANITATION,  bureau  of  sanitation 331,  332 

SCHOOL   PROPERTY,   control  of 385 

SCHOOLS,  (See  Commissioner  of  Education.) 

Advisory  school  inspectors 398 

Board  of  school  inspectors  to  turn  over  property  to  commissioner 

of   education    388 

Board  of  teachers,  election  and  powers 399 

Buildings,  acquisition  of  lands  for 233 

Repairs    396 

Sites    for 396 

Superintendent 391 


140  INDEX. 

SCHOOLS— Cont.  ^  Section. 

Commissioner  of  education 385,  417 

Contracts  of  board  of  school  inspectors .'  388 

Courses  of  study   386 

Employes,   appomtment    *  386 

Duties  and  salaries  387 

Establishment    386 

Limitation   of  cost  per   capita 394 

Officers  and   employes 386 

Play   grounds    482 

Principals  and  teachers,  appointment,  removal 390 

Records    395 

Rules  governing     393 

Probationary  appointment   390 

Records   395 

Reports  to  bureau  of  health 373 

Revenues    215,  394 

Superintendent,  appointment,    terms,  salary 389 

Assistants   390 

Eligibility 386 

Superintendent  of  school  buildings,  appointment,  salary 391 

Supervisors,  appointment   390 

Supplies     396 

Text-books 386 

Truants,  rules  affecting 397 

SEALS— 

Certificates   of  indebtedness    230 

City  bonds    224 

Contracts  and  leases   316 

SECURITIES,  (See  Public  Money  and  Securies.) 

Investment  of  sinking  fund 221 

Deposit  by   city  depositories 190 

Records  of  commissioner  of  finance 194 

SEWERS,  (See  public  Improvements.) 

Apportionment  of  cost 236 

Bureau  of  construction  and  repairs 327,  328 

Bureau  of  sanitation  332 

Lateral  connections    238 

Laying  through  parks,  etc 427 

Powers  of  council   233 

SHADE  TREES,  powers  of  council 233 

SHERIFFS,  compensation  for  board  of  prisoners 345 

Conveyance  of  prisoners  to  workhouse 343 

SIDEWALKS,  (See  Public  Improvements.) 

Assessments    281 

Bureau  of  construction  and  repairs 327,  328 

Duties   of  police    officers 361 

Injuries  from  defects,  notice  of  claim  for  damages 184 

Orders 280 

Powers  of  council   233 

Private   laying    «82 

Proposals    280 

SINKING  fund- 
How  constituted    219 

Income     222 

Investments   221 

For  payment  of  bonds '. 216 

SINKING  FUND  COMMITTEE— 

Approval  of  bonds  of  depositories 188a 

Approval  of  form  of  certificates  of  indebtedness 230 

Designation  of  depositories  188a 

Form  of  bonds  224 

Membership  62,  85,  220 


INDEX.  141 

Section. 
SINKING  FUND  COMMITTEE— Cont. 

Negotiation  of  refunding  bonds 217 

Purchases  and  sales    223 

Powers  and  duties    220 

Sale  of  certificate  of  indebtedness   225,  229 

Withdrawal  of  deposits    191 

SMALLPOX,  power  of  health  officers 373 

SMOKE,  abatement  of  smoke  nuisance 450 

SPECIAL  COUNSEL,  appointment,  compensation 178 

SPECIAL    POLICEMEN,   appointment,    compensation 356 

SPRINKLING  PLANTS,  assessment 277 

Powers  of  council   297 

STANDARDS,  supplies    : ',  7  296 

STATE   ROADS,  vacation    ^09 

STATIONS,  police  and  fire  stations 353 

Public   comfort    stations -. [  38q 

STATUTES— 

Efifect  of  amendment  of  charter 474. 

General  laws  applicable  to  elections 8 

General  laws  applicable  to   recall  elections 40 

STOCKHOLDERS,  of  banks  as  sureties  on  bonds  of  depositories '. .'  I88a 

STOLEN  PROPERTY,  disposition  by  commissioner  of  public  safety  363 
STREET  RAILROADS— 

Control    of    commissioner   of   public   utilities 444 

Cost  of  bridges 164 

Elevation  or  depression  of  tracks 167 

Regulation  of  service   167 

Street  maintenance  duties    161 

Transportation   of   firemen,    etc 165 

STREETS,  (See  Franchises.) 

Acquisition    of    lands    for 233 

Care  of  grass  plots 429 

Care   of  trees 430 

Council  may  place  under  supervision  of  commissioner  of  parks,  play- 
grounds  and   public   buildings 420 

Building  lines    234 

Bureau  of  construction  and  repairs 327,  328 

Bureau  of  sanitation 332 

Condemnation   of  lands   for 233,  234 

Cost  of  intersections  and  cross-walks 235 

Franchise 149,  175 

General  power  and  duties  of  commissioner  of  public  works 347 

Grades,  charge    233 

Injuries  from  defects,  notice  of  claim  for  damages 184 

Maintenance,  sprinkling,  etc.,  by  street  railroads 161 

Paving    233 

Powers  and  duties  of  commissioner  of  public  works : 347 

Powers   of  council    128 

Vacation     129 

STREET  SPRINKLING— 

Appropriations     275 

Assessments     276 

Municipal    sprinkling   plant 277 

Cost,  account  of    275b 

Municipal  sprinkling  plant    127,  277 

By  street  railroads    161 

Tax   levy    275 

Water    supply 275a,  460 

SUBSCRIPTIONS— 

For    auditorium    416 

For  library  fund   405 

For   ofticial   newspaper 471 


142  INDEX. 

Section. 

SUPERINTENDENT  OF  AUDITORIUM,  appointment 413 

Bond   ..., 51 

SUPERINTENDENT    OF    BUREAU    OF    SANITATION,    appoint- 
ment  331,  346 

Compensation   331 

SUPERINTENDENT    OF    CONSTRUCTION    AND    REPAIRS,    ap- 
pointment     327,  346 

SUPERINTENDENT  OF  PARKS— 

Appointment     425 

Bond     51 

Dttties    •  425 

Eligibility 425 

Salary   425 

SUPERINTENDENT    OF    POLICE    AND    FIRE    ALARM    TELE- 
GRAPH, appointment,   compensation .' 381 

SUPERINTENDENT    OF    SCHOOL     BUILDINGS,     Appointment, 

salary    ^^1 

SUPERINTENDENT  OF  SCHOOLS— 

Appointment    -, 3^^ 

Assistants,   appointment    390 

Eligibility •  •  •  389 

Salary •  •  -45,  389 

Term  of  office •  •  • 389 

SUPERINTENDENT  OF  WORK  HOUSE,  appomtment 336 

Duties    337 

SUPPLIES,  purchase,  claims  for 95 

Purchasing    department 283,  307 

SUPREME  COURT,  appeals  to,  from  confirmation  of  assessments 250 

SURETIES— 

Bonds  of  contractors   ^^" 

Bonds  of  depositories :  •  1°°^ 

Official  bonds  • ;  •  •. V ' ' ; ;: ' " '  v: oil 

SURGEONS,  appointment  by  commissioner  of  public  safety 65b 

SURVEYORS—  . 

Appointment    ^*^ 

Bureau  of  engineers ^^^ 

To  devote  entire  time  to  service  of  city ^^» 

SURVEYS,  powers  and  duties  of  commissioner  of  public  works 347 

SUSPENSIONS,  department  of  public  safety 352 

TAXATION—                                        ^  ,-_ 

Assessment,  laws  continued  in  force *»» 

Board  of  Equalization,  city  representative 479 

Mayor   as   member J^^ 

Cost  of  removing  nuisances ^i^ 

For    emergency   loans 

Exemptions,  powers  of  council ^"t 

Gross  earnings,  franchise  taxes • ^^* 

For  interest  and  sinking  fund  for  bonds ^|^ 

Levy 01Q 

Copy  for  county  auditor • ^^^ 

Liens,  rank  of  tax  and  assessment  liens •  •  •  ^^^ 

Payment  to  city  by  county  treasurer !««.  ^^^ 

Property  subject    ..^ 

For  public   libraries    ^g^ 

School  taxes    ^t^ 

For  street  sprinkling   •  ■  •  •  ^„„ 

Tax  levy  certificates ^^^'  ^^^ 

Water  frontage  tax    •. ;  • .^> 

TAXPAYERS,  action  to  recover  compensation  paid -^"^ 

TEACHERS —                                                                                            oog  390 

Appointment    '  ooq 

Board  of  teachers,  election  and  powers ^^J 

Probationary  appointment   


INDEX.  143 

Section. 
TEACHERS— Cont. 

Records 395 

Rules   governing 393 

Training  schools 386 

TELEGRAPHS  AND  TELEPHONES— 

Bureau  of  police  and  fire  alarm,  telegraph. 381,  382 

Conduits,  powers  of  council , 233 

Control  of  commissioner  of  public  utilities 444 

Employes  of  police  and  fire  alarm  telegraph,  injuries  to  or  death  of 

in    service 355 

Poles  and  conduits    166 

TENEMENT  HOUSES,  inspection 379 

TERRITORIAL  ROADS,  vacation 129 

TEXT  BOOKS,  duties  of  commissioner  of  education 386 

THEATERS,  reports  to  bureau  of  health 373 

TITLE,    ordinances    117 

TRAINING  SCHOOLS  FOR  TEACHERS,  establishment 386 

TREASURER— 

Business  hours   81 

Comptroller  and  treasurer  to  act  in  harmony 81 

Daily  report  to  by  comptroller 80 

Office  of  city  treasurer  abolished 196 

Securities  in  hands  of,  examination  by  mayor  and  comptroller..  ....  85 

TREASURY,  (See  Commissioner  of  Finance,  Comptroller.) 

Commissioner  of  finance  to  have  control  of 187 

Comptroller   to   check    daily 79 

Deposit  of  profits  of  sales 301 

Fees  payable   to.    daily 89 

Payments  from  by  check 78 

Payments  from,   taking  up  evidence  of  indebtedness 83 

Receipts   for  payments   into 78 

TREES,  planting  and  care  of  along  streets 430 

TRUANT  OFFICERS,  appointment 386 

TRUANT  SCHOOLS,  establishment 386 

TRUSTS,  administration  of  public  trust 416 

UNIFORMITY,  water  rates    459 

VACATION,  of  streets,  public  grounds,  etc 129 

VACCINATION,  powers  of  commissioner  of  public  safety 373 

VETO— 

Appropriation    ordinances    122 

Items  of  ordinances   204 

Ordinances     121 

VITAL  STATISTICS,  powers  and  duties  of  bureau  of  health 373 

WAIVER,  notice  of  council  meetings Ill 

WARDS,  boundaries,  change 3 

WARRANTS,  powers  of  park  police 426 

WATCHMAN,  appointment,  compensation 356 

WATER  DEPARTMENT— 

Board  of  water  commissioners,  actions 453 

City  department 452 

Composition 440,  451 

Contracts 458 

Fixing  compensation  of  officers  and  employes 457 

Funds    and    expenditures 458 

Laws  governing 452 

Seal    453 

Bond 51 

Bonds    217,  464 

Bureau  of  construction  and  repairs 327,  328 

Commissioner  of  public  utilities  to  have  charge  of 440 

Creation    451 

Employes,  employment   456 

Frontage    tax    461 


144  INDEX. 

Section. 

WATER  DEPARTMENT— Cont. 

Lateral  connections 238 

Officers  and  employes,  terms  and  compensation 457 

Powers   of   council    463 

Revenues  kept  separate  214 

Rules  for  use  and  distribution  of  water 459 

Supply  to  city 460 

Water  mains,  change  of  street  grades 462 

Laying  through  parks,  etc 427 

Water    rates    459 

WATER  AND   WATER  COURSES— 

Jurisdiction  over,  of  commissioners  of  public  safety 373 

Powers  of  commissioners  of  parks,  playgrounds  and  public  buildings  422 

Regulation  of  shores    422 

WEAPONS,  disposition  by  commissioner  of  public   safety 362 

WHARVES,  Control  of  commissioner  of  public  utilities 449 

Powers  of  council   127 

WITHDRAWAL,  of  candidacy   16 

Of  signatures  from  certificate  of  presentation 14 

WITNESSES— 

Compelling  attendance,  civil  service  commissioner 106 

Commissioner  of  public  safety ' 352a 

Competency  of  inhabitants 182 

Condemnation  proceedings    269 

Oaths    106 

WOMEN,  appointment  as  police  officers 356 

WOODS  AND  FORESTS,  care  of  trees  along  streets 430 

City  forester    430 

WORDS  AND  PHRASES— 

Buildings     437 

Independent   school   district    388 

Ordinance    118,  145 

School  district  of  the  city  of  St.  Paul 388 

Special  school  district   388 

Unexpended   balance 209 

WORKHOUSE— 

Administration    335 

Agreements  with  county  boards  for  confinement  of  prisoners.  .341,  342 

Commitments    180 

Compensation  for  care  of  county  prisoners 344 

Compensation  of  sheriff  for  board  of  prisoners 345 

County  prisoners    341-344 

Diminution    of    sentences 338 

Duty  of  sheriff  to  convey  prisoners  to 343 

Escapes     340 

Establishement  authorized   131 

Forfeiture   of  good  time  allowances 338 

Fund,  proceeds  of  sale  of  goods  manufactured 335 

Officers,  guards  and  employes,  appointment 336 

Prisoner's  restoration  to  rights  of  citizenship 33S 

Requisition  for  machinery,  materials,  etc 335 

Rules  and  regulations    335 

Sale  of  goods  manufactured  at  335 

Sentences  to 339 

Superintendent,   appointment    336 

Duties 3^31 

Executive  officer 337 

Residence     ^^  ^ 


^^^m'^Mf^^^I 

¥ 

^im^^mmmmmsmmm 

^^ 

1 

THIS  BOOK  IS  DUE  ON  THE  LAST  DATE 
STAMPED  BELOW 

AN  INITIAL  FINE  OF  25  CENTS 

WILL   BE  ASSESSED    FOR    FAILURE  TO   RETURN 
THIS    BOOK   ON    THE   DATE   DUE.    THE   PENALTY 
WILL  INCREASE  TO  50  CENTS  ON  THE  FOURTH 
DAY    AND     TO    $1.00    ON    THE    SEVENTH     DAY 
OVERDUE. 

MAR    9     1936 

SFP    9Q    1938 

' 

LD  21-100m-8,'34 

30516 


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